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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: orissa Year: 1950 Page 1 of about 9 results (0.032 seconds)

Mar 01 1950 (HC)

Sarat Chandra Deb and ors. Vs. Bichitrananda Sahu and ors.

Court : Orissa

Decided on : Mar-01-1950

Reported in : AIR1951Ori212

..... 0 (l), therefore, the court in, terms does not purport to amend or modify the preliminary decree which determines only the contractual interest, but exercises the fresh powers, dehors the contract conferred on it by legislature and passes the further decree in exercise of those powers. i am also not impressed by the argument that there is any repugnancy in the ..... way begging the question. when the court is given the specific power to scale down the interest on specific principles, it is not recalculating the interest with reference to the contract between the parties or under the general law which is all that has been done under the preliminary decree and authorised to be done by the civil p. c. in ..... of the act. the said subsection runs as follows :'notwithstanding anything to the contrary contained in any other law or in anything having the force of law or in any contract, no court shall, in any suit brought by a money-lender in respect of a loan advanced before or after the commencement of this act, pass a decree for an ..... . section 10 (1) of the act runs as follows:'notwithstanding anything to the contrary contained. in any other law or in anything having the force of law or in any contract, no court shall, in any suit brought by a money leader in respect of a loan advanced before or after the commencement of this act, pass a decree for an .....

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Nov 23 1950 (HC)

Chiranji Lal Vs. Jisuk Ram and ors.

Court : Orissa

Decided on : Nov-23-1950

Reported in : AIR1953Ori105

..... the stipulation that payments already made might, on forfeiture, be retained, was really a stipulation for penalty, and should be relieved against. they, however, reversed the decision cancelling the contract and ordered specific performance. on these facts, their lordships of the privy council held:'as to the relief from forfeiture, their lordships think that the supreme court were right in ..... reported in -- 'steedman v. drinkle', air 1915 p c 94 affords a clear and cogent illustration that notwithstanding the plaintiffs' failure to secure the relief of specific performance of contract of which time was of the essence, they can be relieved from forfeiture of the earnest money. in that case, plaintiffs-respondents brought an action claiming specific performance and in ..... andmotivated by their own construction of the original agreement that it was at an end dueto plaintiffs' failure to further the steps towards its perfection, had entered into a contract with banarasi dei and had received money in advance as earnest money for sale of the identical property. it appears from the decision of the arbitrators that the defendants were ..... limits as being subordinate to the main purpose of the parties, and it will enjoin specific performance notwithstanding that from the point of view of a court of law the contract has not been literally performed by the plaintiff, as regards the time limit specified. this is merely an illustration of the general principle of disregarding the letter for the .....

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Nov 03 1950 (HC)

Abdul Hamid Vs. Bora Tataya and ors.

Court : Orissa

Decided on : Nov-03-1950

Reported in : AIR1951Ori153

..... therefore inclined to think that a chandna right is transferable & a darchandna right is equally so in the absence of proof of accustom or usage or contract to the contrary.'even if it be assumed that the expression 'successor-in-interest' would include a transferee, the mere definition of a chandnadar in schedule ..... would not necessarily become his tenant merely because he is willing to pay rent on his part, conveys an idea that there must be either a contract of tenancy, express or implied or relationship of landlord & tenant brought about by the operation of law. i have already shown that a darchandnadar had ..... tenant' has been defined in schedule (23) as below:''tenant' means a person who holds land under another person & is or but for a special contract would be liable to pay rent for that land to that person.'the word 'holds' occurring in that section is very important. every person whether a ..... for the term of the settlement, & the incidents of the tenure do not materially differ from those of thani raiyats except that they are governed by the contract act & not by act x (10) of 1859. chandina tenures have, to a great extent, merged in pahi, &, on the other hand, new ..... such lessees were treated as agricultural tenants till the passing of the orissa tenancy act in 1913. but chap. xv, bengal tenancy act of 1885, dealing with contract & custom, had not been extended to orissa; & ss 181, 182 & 183 relating to servicetenures, homesteads & customs were not in force in orissa till the .....

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Nov 03 1950 (HC)

Keshab Chandra Choudhary Vs. Lokenath Jena and ors.

Court : Orissa

Decided on : Nov-03-1950

Reported in : AIR1951Ori186

..... by privity of contract. it would also appear from the decisions in saradindu mukherjee v. kunja kamini, a. i. r..(29) 1942 cal. 514 : (202 i. c. 663) that the principle of schedule 08 ..... futurerent by the mere transfer itself, and it was held' that he could not, in view of the fact that the transferor was liable to the landlord by privity of contract. such a line of reasoning is not normally applicable to the case of an occupancy raiyat, who, it seems to me, more often holds' by privity of estate and not .....

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Nov 03 1950 (HC)

Krishna Chandra Misra Vs. Sushila Mitra

Court : Orissa

Decided on : Nov-03-1950

Reported in : AIR1951Ori105; 16(1950)CLT249

..... that it did so continue to be valid. in 96 e. r. 259 : (l black w. 451) in note 'b' under miller's case it is stated as follows:'a contract declared by statute to be illegal, is not made good by a subsequent repeal of the statute.'having regard to these principles, it appears to me in this case that .....

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Aug 31 1950 (HC)

Narayan Behera and ors. Vs. Ch. Narasing Charan Mohapatra and anr.

Court : Orissa

Decided on : Aug-31-1950

Reported in : AIR1951Ori60; 16(1950)CLT220

..... tenant as defined by the act itself. 'tenant' is defined in schedule (23) and'means a person who holds land under another person and is, or but for a special contract would be liable to pay rent for that land to that person.'defendant 1, as has already been pointed out, holds the land under the collector on a revenue-free .....

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Jan 17 1950 (HC)

Mitru Thapa and ors. Vs. Mst. Gurubari Goudani and ors.

Court : Orissa

Decided on : Jan-17-1950

Reported in : AIR1950Ori150; 16(1950)CLT64

..... of subrogation or by way of a charge is not free from doubt. all that he is entitled to may be the personal right to re-imbursement under 6, 69, contract act: (vide also narayana v. peohiammal, 86 mad. 426 : (15 i.c. 206)) it is, however, unnecessary to express any final opinion on this rather difficult question since the case ..... interested in the payment of money while another is bound by law to pay and who therefore pays it, to be reimbursed by the other is recognised in section 69, contract act. there is no reason for holding that only those who have an interest in a mortgaged property within the meaning of sections 85 and 91, t. p. act can .....

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Jan 04 1950 (HC)

Sm. Amruti Dei Vs. Sm. Saradamoni Dei and anr.

Court : Orissa

Decided on : Jan-04-1950

Reported in : AIR1950Ori143

..... in soh. 'ga' from ushamoni by a sale deed dated 18-8 37 (ex. a) for bs. 170. the alleged purpose of this sale was the payment of a debt contracted by ushamoni from one anangabhim for the marriage of her second daughter, and to pay off arrears of rent on those lands.3. admittedly the properties stood in the name .....

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Apr 25 1950 (HC)

Udayanath Mohapatra and anr. Vs. Rahas Pandiani and ors.

Court : Orissa

Decided on : Apr-25-1950

Reported in : AIR1951Ori10

..... delivery of possession through court. in the suit out of which this appeal arises, the plaintiff questioned the decree and the subsequent proceedings on the ground that the loan was contracted for illegal and immoral purposes. they therefore pray for declaration that the decree and the subsequent proceedings are not binding and for recovery of possession of the disputed property. defendant .....

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