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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1951 Page 1 of about 14 results (0.029 seconds)

Dec 05 1951 (HC)

NaraIn Singh and anr. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-05-1951

Reported in : AIR1953P& H110

..... encumbrances the vendor gets the price of his interest, whatever it may be, whether the price be settled by private bargain or determined by public competition, together with an indemnity against the encumbrances affecting the land. the contract of indemnity may be express or implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a ..... , whatever it may be, whether the price be settled by private bargain or determined by public competition, together with an indemnity against the encumbrances affecting the land.'the second point appears to the to be covered by the words-'the contract of indemnity may be express or implied. if the. purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... more than a contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out ..... contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out to be invalid, the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete. he cannot pick up the burthen of which the land .....

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Nov 12 1951 (HC)

Mohammad Ismail Vs. Hakim Syed HussaIn and ors.

Court : Punjab and Haryana

Decided on : Nov-12-1951

Reported in : AIR1952P& H298

..... 's transfer of property act the words 'in the absence of a contract to the contrary' have been construed in the following words: 'the implied conditions enumerated in this section are supplemented or varied in actual practice by numerous particular conditions. such conditions ..... as well as azizud din, according to section 55 of the transfer of property act, the princi-pals of which apply to this state, 'the seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same'. at page 339 in mulla ..... was misled by the fact that in the deed of sale particularly in that clause which dealt with indemnity the words were--'then we the vendors, i.e., i executant no. 1 will be answerable therefor'. the rule of construction in regard to these contracts is what i have quoted from mulla's transfer of property act, and therefore the plaintiff was .....

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Jul 12 1951 (HC)

Chiranjiv Lal and ors. Vs. the Tropical Insurance Co. Ltd.

Court : Punjab and Haryana

Decided on : Jul-12-1951

Reported in : AIR1952P& H63

..... insurance co. ltd.' 1915 a c 499. the facts of that case are not very dissimilar to the present one. a claim was made for indemnity for the loss of goods by fire under a policy, one of the conditions of which provided that if any difference arose as to the amount of ..... 16. in 'shriram hanutram v. mohanlal & co.', air (27) 1940 bom 93, kania, j., observed at page 94 :'if the fact of the contract itself is disputed the arbitrators cannot decide the point, and the court in the normal course would refuse a stay.'17. in the present case the defendant company ..... he had obtained such an award, the plaintiff could not complete his case. it was held that the defendants could not both repudiate the contract 'in toto' and require the performance of a part of it, which only became performable when liability was admitted or established. the present case is the ..... lords in 'macaura v. northern assurance co. ltd.', 1925 a c 619. at p. 631 lord sumner said :'there persons, who had repudiated the whole contract of insurance, afterwards relied on a limited arbitration clause contained in it, which required the amount payable to be determined by arbitration, and said that, until ..... preferable to proceeding in the courts; and accordingly that is one of the things which the appellantshave, according to the respondents, forfeitedwith every other benefit under the contract. * * * when the case went to trial it was beard before darling j. and a special jury, and the jury found that the case of .....

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Jun 20 1951 (HC)

The Jupiter General Insurance Co. Ltd. Vs. Rajagopalan and anr.

Court : Punjab and Haryana

Decided on : Jun-20-1951

Reported in : AIR1952P& H9

..... do what they like with the property of the company. the business of the company can be transferred, the company can be wound up or anything else can be done, contracts and agreements can be cancelled or varied and nobody can question the decision of the central government. it was argued that observations made by the honorable mr. justice mukherjea and ..... other persons in charge become 'functus officio'. the administrator is not governed or controlled by the articles of association of the insurer, if a company. he can revise or cancel contracts entered into by the insurer without providing for compensation. on the appointment of the administrator, the share-holders have absolutely no control over the conduct of the insurer and the ..... heard, cancel or vary (either unconditionally or subject to such conditions as he thinks fit to impose) any contract or agreement (other than a policy) between the insurer and any other person which the administrator is satisfied is prejudicial to the interests of holders of life insurance policies. (52d ..... (2) shall be binding, on all persons concerned, and shall have effect notwithstanding anything in the memorandum or articles of association of the insurer if a company. (52c) cancellation of contracts and agreements.- the administrator may, at any time during the continuance of his appointment with respect to an insurer and after giving an opportunity to the persons concerned to be .....

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Jul 04 1951 (HC)

Parmeshwari Das Mehra and Sons Vs. Firm Ram Chand Om Prakash and anr.

Court : Punjab and Haryana

Decided on : Jul-04-1951

Reported in : AIR1952P& H34

..... the uncontemplated turn of events, but will do therein what is just and reasonable.'16. in these two decisions is contained the essence of the principle governing frustration of contracts. it is clear that if there is an entirely unanticipated change of circumstances the question will have to be considered whether this change of circumstances has affected the performance of ..... had, in fact, occurred in the circumstances. in 'british movietonews, ltd. v. london district cinemas, ltd.', (1950-2 all er 390), denning, l. j., observed :'no matter that a contract is framed in words which, taken literally or absolutely, cover what has happened, nevertheless, if the ensuing turn of events was so completely outside the contemplation of the parties that ..... me that the difficulty, danger and expense of travel to karachf at the material time in the year 1948 did nothing to prevent the proceedings in arbitration taking place as contracted between the parties, and are no grounds in themselves for absolving the respondents from their admitted agreement to arbitrate.7. the question, however, whether the partition of india which ..... seven matters.2. these seven matters arose in this way. the present applicants, a firm messrs. parmesh-war das mehra and sons of amritsar, had entered into separate individual contracts with the present seven respondents, who are firms or individuals of amritsar trading in piece goods, by which messrs. parmeshwar das mehra and sons were to supply certain classes and .....

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Nov 20 1951 (HC)

S. Summan Singh Vs. National City Bank of New York, Bombay

Court : Punjab and Haryana

Decided on : Nov-20-1951

Reported in : AIR1952P& H172

..... saying that they were protected by the condition assuming for the purposes of this part of the argument, as i do, that the contract is a contract which imposes some form of legal liability; but in the circumstances of this case, it seems to me quite clear that the bank ..... to be ambiguous and protected the defendants from liability. mr. scrutton, k.c., who appeared for the plaintiffs contendedthat if a carrier intended to contract himself out of his common law liability for negligence he must use unambiguous language. lord chancellor on page 82 considering this argument said as follows: ..... the goods in london through agents there, and in fact employed the defendants for that purpose. it was held that there was no privity of contract between the plaintiffs and the defendants and the claim failed. bramwell, l j., said: 'it was admitted that if the defendants had misconducted ..... judgment affect the position; the defendants, barclays, accepted the nomination and accepted the defendants, the anglo-palestine bank, as their instrument to fulfil their contract. the case is one of most ordinary banking practice, and to accept the contention that the defendants, barclays, were not responsible for the acts ..... as such, whether the sub-agent was appointed with the authority of the principal or not, and the rights and duties arising out of the contracts between the principal and agent, and between the agent and sub-agent, respectively, are only enforceable by and against the immediate parties thereto. .....

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Jul 11 1951 (HC)

Bagga Singh Vs. Chuni Lal

Court : Punjab and Haryana

Decided on : Jul-11-1951

Reported in : AIR1952P& H255

..... individual belonging to the public, or the class in question, becomes a valid contract between him and the proposer, so also, on the same principle, anyone, though not capable of raising an estoppel against himself in favour of the public, or ..... not to any specific individual, but to such public, or section.' further in section 173 spencer bower writes as follows:'just as a man, though he cannot 'contract with the world', can nevertheless make a proposal to the public at large, or to a section of the community, which proposal, on being accepted by any ..... thing, or a past event. representation must be communicated to the representee. it takes two to make a representation, just as it takes two to make a contract.'the learned author in support of this passage (moles spencer bower on estoppel, sections 40 and 41. the quotation, however, gives a partial statement of the law ..... the plaintiff contends that there can be no absolute refusal so as to operate as an estoppel unless there first has been a definite contract settled, with a definite vendee, for a definite price, of the sale of a definite property and that no amount of refusal before such a complete ..... contract can deprive the pre-emptor of his right of pre-emption. he strongly relies on a number of earlier cases of this court which no .....

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Apr 16 1951 (HC)

Mohd. HussaIn Vs. Fida HussaIn and anr.

Court : Punjab and Haryana

Decided on : Apr-16-1951

Reported in : AIR1952P& H224

..... trial. that being so, the plaintiff-respondent cannot be allowed to urge this point in these proceedings.22. for the foregoing reasons, i find that the contract in question was voidable under sections 19 and 19a of the act and that article 91 of the indian, limitation act governed civil suit no. 202 of ..... . exhibit d. w. 1/1, was made without consideration and was, therefore, void. in para no 2 of the piaint it was said that the contract was without consideration. this plea was not put in issue presumably on account of the statement of fida hussain plaintiff that he made at the trial before the ..... she was made to execute a deed of gift and exchange, thereby alienating the property from herself to the defendant. upon those facts the court found that the contract was void 'ab initio' and the suit was governed by article 120 or article 144 of the indian limitation act.12. in 'raja singh v. chaichoo ..... sections 19 and 19a of the act provide that when consent to an agreement is caused by coercion, fraud and undue influence, the agreement is a contract voidable at the option ot the party whose consent was so caused. in other words, sections 19 and 19a declare that an agreement entered into as a ..... dr. saif-ur-rahman did not sign the deed of transfer and that if it was proved that saif-ur-rahman signed the deed ot transfer the contract was void on account of fraud, coercion and undue influence. mohammad hussain defendant no. 1 and rahmat ullah father of pida hussain plaintiff were sons of .....

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Jun 04 1951 (HC)

Amritsar Rayon and Silk Mills Ltd. Vs. Commissioner of Income-tax, Eas ...

Court : Punjab and Haryana

Decided on : Jun-04-1951

Reported in : [1952]21ITR548(P& H)

the judgment of the court was delivered bykhosla, j. - this is a reference under section 66 of the income-tax act. the appellate income tax tribunal has referred the following two questions for our decision :-'(i) whether the gratuitous transfer of 30 shares by l. shorilal, the managing director of the assessee company to l. kedarnath on february 22, 1941, attracts the provisions of section 10a of the excess profits tax act, 1940, considering that the transfer made by the managing director would effect the liability of the assessee company to excess profits tax on its profits made in the calendar year 1943 and the subsequent chargeable accounting periods;(ii) whether in the circumstances of the case the tribunal was competent in law to overrule the decision of the appellate assistant commissioner dated november 14, 1945 ?'the facts briefly are that amritsar rayon & silk mills, ltd., started as a private limited liability company in 1934. the total issued capital of the company, consisted of 140 shares of rs. 500 each. the managing director of the company, shorilal, acquired 40 of these shares. on april 21, 1935, the share capital was increased to 180 shares and on january 5, 1938, to 400 shares. after this shorilal acquired 20 more shares bringing his total holding to 60 shares. on february 2, 1941, he transferred 30 of these shares to his half-brothe kidar nath. on may 10, 1943, the issued capital was increased to 670 shares, so that the holding of shorilal became less than .....

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Dec 21 1951 (HC)

Miss Shireen Mall Vs. John James Taylor

Court : Punjab and Haryana

Decided on : Dec-21-1951

Reported in : AIR1952P& H277

..... would never have given her free consent if she had known that he was going to utilize her for a temporary make-shift sexual relationship. under section 14 of the contract act consent is said to be free when it is not caused by fraud as defined in section 17. in1 section 17 'fraud' means and includes:'any of the following ..... with his connivance, or by his agent, with intent to deceive another party thereto or to induce him to enter into the contract:* * * *(3) a promise made without any intention ofperforming it; * * *the respondent lured her into the belief that he was deeply interested in her. he disappeared from this country soon after .....

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