Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: privy council Year: 1946 Page 1 of about 8 results (0.002 seconds)

Jan 15 1946 (PC)

K.P.Rm. Kuppan Chettiar Alias Kadiresan Chettiar Vs. Sp.R.M.Rm. Ramasw ...

Court : Chennai

Decided on : Jan-15-1946

Reported in : (1946)1MLJ383

..... page 401 we find this:in some cases it is a question of fact whether the circumstances are such as to raise the implication of a contract for indemnity; but in cases like the one now before your lordships when a person is requested to exercise a statutory duty for the benefit of the ..... defendant. in fact the plaintiffs asked the defendant to indemnify them and the defendant did not reply and therefore there was no case of an express contract of indemnity. all that happened was that at the request of the defendant, the plaintiffs delivered possession of the trucks to the defendant. it ultimately turned out ..... duty to indemnify arising from an assumed promise by a person to do that which, under the circumstances, he ought to do. the right to indemnity need not arise by contract; it may (to) give other instances) arise by statute; it may arise upon the notion of a request made under circumstances from which ..... by the judicial committee and on page 182 their lordships say this:a right to indemnify generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or in equity there is an ..... law in similar terms. at page 272, cotton, l.j., expressed himself thus after dealing with the cases of express contract and trustees and cestui que trust:then, is there any ground of indemnity? of course, if a requests b to do a thing for him and b in consequence of his doing that .....

Tag this Judgment!

Jan 15 1946 (PC)

K.P. Rm. Kuppan Chettiar Alias Kadiresan Chettiar Vs. Sp. R.M. Rm. Ram ...

Court : Chennai

Decided on : Jan-15-1946

Reported in : AIR1946Mad472

..... lord chancellor and at page 401 we find this:in some cases it is a question of fact whether the circumstances are such as to raise the implication of a contract for indemnity; but in cases like the one now before your lordships, when a person is requested to exercise a statutory duty for the benefit of the person making the request ..... the part of the defendant. in fact the plaintiffs asked the defendant to indemnify them and the defendant did not reply and therefore there was no ease of an express contract of indemnity. all that happened was that at the request of the defendant, the plaintiffs delivered possession of the trucks to the defendant. it ultimately turned out to be tortious in ..... . the law was discussed by the judicial committee and on p. 182 their lordships say this:a right to indemnify generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or in equity there is an obligation upon the one ..... of appeal laid the law in similar terms. at page 272 cotton l.j., expressed himself thus after dealing with the cases of express contract and trustees and cestui que trust:then, is there any ground of indemnity? of course, if a. requests b to do a thing for him, and b in consequence of his doing that act is subject to .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jan 17 1946 (PC)

Vajapeyajula Venkateswarlu and anr. Vs. Ragadamilli Viraswami and ors.

Court : Chennai

Decided on : Jan-17-1946

Reported in : (1946)1MLJ291

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent, for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before the ist april ..... . section 187(1)(i) expressly states that the right of relinquishment cannot be taken away by a. contract between the landholder and the ryot. therefore the first plaintiff undoubtedly acted within his rights when on the 30th june, 1937, the last day of the revenue year, he gave .....

Tag this Judgment!

Jan 17 1946 (PC)

Vajapayajula Venkateswarlu and anr. Vs. Regadimilli Veeraswami and ors ...

Court : Chennai

Decided on : Jan-17-1946

Reported in : AIR1946Mad461

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before 1st april. section ..... 187(1)(f) expressly states that the right of relinquishment can-not be taken away by a contract between the land holder and the ryot. therefore plaintiff 1 undoubtedly acted within his rights when on 30th june 1937, the last day of the revenue year, he gave notice .....

Tag this Judgment!

Feb 12 1946 (PC)

Maneklal Mansukhbhai Vs. Jwaladutt Pilani

Court : Mumbai

Decided on : Feb-12-1946

Reported in : AIR1947Bom135; (1946)48BOMLR727

..... market, but had appropriated the sales to himself. counsel for the defendant in suit no. 227 of 1939 conceded that his client was not entitled to indemnity with regard to these twenty tata deferred shares and, therefore, both the purchases of these twenty tata deferred shares and the sales of these twenty tata ..... to the hands of the agent as an agent; and, finally, the principal's right to resist the agent's claims for commission and for indemnity against liability incurred as a mandatory by showing that the agent has acted as a principal himself and not merely an agent. now with regard to ..... deferred shares were eliminated from the account and no indemnity was given to the defendant in respect of these shares. on january 16, 1940, as the record of suit no. 227 of 1939 shows, an ..... with regard to both the vaidas. further tie plaintiff in his plaint has alleged that it was relying upon the representations of the defendant that the contract notes and the ankdas submitted to him were correct that the plaintiff made payments to the defendant mid received payments from the defendant; and he ..... not entitled to claim accounts for these two taidas. now every principal has a right, which has received statutory recognition in section 213 of the (indian contract act, to claim accounts from his agent; and section 213 says that an agent is bound to render proper accounts to his principal on demand. .....

Tag this Judgment!

Oct 10 1946 (PC)

Gooderham and Worts, Ltd. Vs. Canadian Broadcasting Corporation

Court : Privy Council

Decided on : Oct-10-1946

Reported in : AIR1949PC90

..... 1934 the king edward hotel co., ltd., brought an action against the appellants for rent and damages for breach of certain covenants of the tenancy. the appellants, founding on the indemnity clause in the lease between them and the commission, served a third party notice on the commission which thereupon entered appearance in the action and lodged a statement of defence ..... lease unaffected, was debated. the three years from 15th may 1933 to 15th may 1936, whether years of tenancy under the lease or years of use and occupation without any contract of tenancy, are past and gone and the appellants have received payment of $ 12,000 in respect of each of those three years. 19. both the courts in ontario have ..... interest of the commission in this previous action to challenge the validity of the present lease and to have done so successfully would have afforded a complete answer to the indemnity claim against them. the plea would have been a competent one and they omitted to take it. both greene j., the trial judge, and the court of appeal in the ..... to the appropriate minister stating that they had come to a very favourable agreement with the appellants for the leasing of their station and were extremely anxious to close the contract immediately. with this letter was enclosed "a report to council covering the leasing of this station" and the letter concluded with a request that the report should be brought before .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //