Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1958 Page 1 of about 25 results (0.038 seconds)

Nov 27 1958 (HC)

Vanguard Fire and General Insurance Co. Ltd. Vs. Sarla Devi and ors.

Court : Punjab and Haryana

Decided on : Nov-27-1958

Reported in : AIR1959P& H297

..... open to him under the law. after the liability of the assured had thus been fixed the assured became entitled to enforce the contract of insurance by claiming indemnity for the loss sustained by him. in view of (his legal position sometimes courts stayed execution or decrees passed against the assured during ..... the pendency of thesuit filed by the assured against the insurers for indemnity under the contract of insurance.in a suit between the assured and the insurers the latter could raise all defences open to them in law under the ..... as defendants on the ground that they were ultimately liable to pay the compensation fixed between the injured and the assured person by virtue of contract between them. the person injured had no redress against the insurers and had no right in respect of the money paid to the assured under ..... or vicariously responsible for the injury. the third person cannot be held to be an assured person simply because the insured had undertaken under the contract of insurance to indemnify the assured. the legal position has been described in halsbury's laws of england, second edition, volume 16, para 879 ..... happening of perils specified m the agreement.in the accident insurance the sum becomes payable to the assured on the happening of any event specified in the contract. such an insurance may be sub-divided into (a) personal accident insurance, (b) property accident insurance and (c) liability insurance. a policy .....

Tag this Judgment!

Feb 21 1958 (HC)

Raj Spinning Mills Vs. A. and G. King Ltd., Raglan Mills, England

Court : Punjab and Haryana

Decided on : Feb-21-1958

Reported in : AIR1959P& H45

..... but because the plaintiff had refused to make payments of the drafts, the midland bank recovered back all the payments made in terms of certain indemnity agreements executed by the defendant.4. as a result of what has been stated above,the decision of the trial court must be affirmed.the ..... bills on presentation of the proper documents constituted a repudiation of the contract as a whole, and that the plaintiffs were entitled to damages so reckoned. it was observed by row-latt j. --'.......... the defendants undertook ..... invoices included some increase in the purchase price, and they refused to pay the bill presented on the next shipment. the plaintiffs cancelled the contract claiming damages from the defendants.it was held that the credit being irrevocable, the refusal of the defendants to take and pay for the particular ..... about the expenses incurred on the dismantling and packing charges had not been sent to him, as was required under the terms of the contract, was considered and the trial court held that there had been non-compliance with the stipulation with regard to furnishing of details and invoices ..... that the plaintiff was entitled to recover the amount paid as advance money apart from the loss and damage caused by failure to perform the contract.the defendant pleaded that the entire machinery had been despatched in four lots in accordance with the instructions of the plaintiff, the particulars of .....

Tag this Judgment!

Apr 14 1958 (HC)

The Ambala Ex-servicemen Transport Co-operative Society, Ltd. and anr. ...

Court : Punjab and Haryana

Decided on : Apr-14-1958

Reported in : AIR1959P& H1

..... and that it cannot possibly extend to the temporary permits granted under section 62. he urges that the act definitely mentions various kinds of permits, e.g., stage carriage permits, contract carriage permits, public carrier permits, private carrier permits and temporary permits and that the notification vesting powers in the state transport commissioner does not at all mention anything about the ..... (20) of the act as under :--' 'permit' means the document issued by the commission or a provincial or regional transport authority authorising the use of a transport vehicle as a contract carriage, or stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle.'section 62 empowers the regional transport authority to grant permits and .....

Tag this Judgment!

Mar 04 1958 (HC)

Dina Nath Dutt Vs. Maha Vir Gupta

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H289

..... argument has centred round the question whether there was any default on the part of the defendant with regard to carrying out his part of the contract or whether it was the plaintiff who himself was to blame for the non-performance thereof. it is submitted by him that the defendant sent a ..... the plaintiff remained ready and' willing to perform his part on the defendant's completing his title to convey the property, the defendant rescinded the contract by means of his letter dated 2-10-1946 which he was not entitled to do and thus the defendant made himself liable to refund the advance ..... . 5000/- paid as advance money and for rs. 11,000/- as damages resulting from the defendant's act in wrongly putting an end to the contract and selling it to shubh karan together with rs. 750/- on account of interest.the main pleas of the plaintiff were thatthe defendant had represented and ..... of rs. 80,000/- be remitted as early as possible and it must reach the defendant by 27th of the month as per terms of the contract. this was followed by a telegram sent by the defendant dated 25th/26th september 1946. this telegram was as follows:'meet delhi tomorrow with payment imperial ..... sale one 15 ton ammonia ice-plantcomplete in working condition. write for particulars to bharat engineering works, kanpur.'as a result of correspondence between the parties a contract was entered into between theplaintiff and the defendant. it was embodiedin the form of an order and was as follows: 'from purchaser's name mr. .....

Tag this Judgment!

Mar 04 1958 (HC)

Jagir Singh Vs. Dheru and ors.

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H487

..... agency terminates.the present is certainly a suit by a principal for moveable property received by the agent and not accounted for. by virtue of the provisions of section 201, contract act, the agency terminated on the death of the agent and that gave rise to a cause of action to the plaintiff and would be the starting point of limitation .....

Tag this Judgment!

Mar 21 1958 (HC)

Dr. Mukand Lal Vs. Smt. Jyotishmati

Court : Punjab and Haryana

Decided on : Mar-21-1958

Reported in : AIR1958P& H390; 1958CriLJ1340

..... sub-section (4) of section 488 of the code of criminal procedure. the right which the law gives to the wife, in section 488, to live separately if the husband contracts a second marriage will be defeated if living separately by mutual consent is to be given the meaning that whenever husband and wife decide to do so, whatever the compelling ..... of the wife to live with the husband would no longer be good law, in view of the amended provision which is to the effect that if a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife's refusal to live with him.if a husband decides to ..... arose which is being considered in the present case. in nathun sonar v. mst. maturwa kuer, 49 ind cas 346: (air 1919 pat 339) (d), it was observed that a contract voluntarily and freely made and entered into between the parties by reason of the ill-treatment of the husband would be an act of their own volition. these observations were ..... judge went into the documentary and oral evidence which had been produced by the parties and came to the conclusion that in the present case when the husband proposed to contract a second marriage the natural reaction of his first wife would be unfavourable to the proposal and she would prefer to live separately from him. the husband would also desire .....

Tag this Judgment!

Feb 06 1958 (HC)

ishar Singh Vs. Ram Saran Dass and ors.

Court : Punjab and Haryana

Decided on : Feb-06-1958

Reported in : AIR1958P& H337

..... took the place of the original surety given by ishar singh which therefore stood discharged. the principles set out in sections 133 to 139 of the contract act clearly apply to the present case and i therefore allow this appeal and set aside the order of the executing court. the application of ..... that in these circumstances the surety was discharged from liability by the application of the principles contained in sections 135, 139 and 141 of the indian contract act.5. what happened in the present case was that on 17-4-1951, the day upon which the application under section 20 of the arbitration ..... was held that the general principles underlying the law of suretyship may be applied and ought to be applied, even though the provisions of the contract act do not govern the case.in that case security bonds were executed by sureties during the pendency of a suit against the principal debtor. a ..... the appellant, contended that although the above mentioned sections of the contract act do not. in terms, apply to a surety bond executed in favour of a court, its principles do.on an equitable consideration of the circumstances ..... on behalf of ishar singh is that by the application of the principles laid down in sections 133 to 139 of the indian contract act there was a variation in the original contract or surety bond executed by ishar singh and by this variation he stands discharged. mr. bahri, who appeared on behalf of .....

Tag this Judgment!

Sep 23 1958 (HC)

Des Raj and anr. Vs. Hargurdial Singh and ors.

Court : Punjab and Haryana

Decided on : Sep-23-1958

Reported in : AIR1959P& H249

..... that it could never have been intended by the parties that the mortgagee should proceed to enforce his security before me year was out ignoring the interest part of the contract between the parties.this may well be in the mind of the mortgagee. but the terms of the mortgage, as they are, do not preclude the mortgagor from redeeming the ..... 67 of the same act refers to the rights of the mortgagee, among other matters, and it is clear from its provisions that a mortgagee, in the absence of a contract to the contrary, has a right to enforce his mortgage security at any time after the mortgage-money has become due to him. as the term 'mortgage-money' includes both ..... starts running under article 132 from the date of the mortgage, and (b) where the mortgage provides no period for redemption and yet the interest, according to the termsof the contract, does not accrue until after the lapse of some time. it is said that in the latter case the starting point is the time when the interest becomes due. the .....

Tag this Judgment!

Apr 14 1958 (HC)

Zahir-uddIn Ahmad Khan and ors. Vs. Appellate Officer and ors.

Court : Punjab and Haryana

Decided on : Apr-14-1958

Reported in : AIR1959P& H372

..... . then follows section 9 and its sub-section (1), that is under consideration in this case, reads thus-'section 9(1) notwithstanding anything to the contrary in any law or contract or any decree or order of civil court or other authority; where the claim is made by a mortgagee, no mortgaged property of an evacuee shall, subject to the provisions ..... apply to an evacuee and the contractual rate of interest will apply to a non-evacuee. but the rule that a mortgage security is indivisible, is obviously subject to the contract between the parties, the conduct of the parties and any law applying to such a transaction. it has been shown that under act no. lxiv of 1951 in a case .....

Tag this Judgment!

Mar 04 1958 (HC)

Guran Ditta Mal and ors. Vs. Banna Mal Deceased Through SaIn Dass and ...

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H469

bishan narain j.1. the plaintiffs claiming to be heirs of one hira nand filed a suit on 27-8-1945 for joint possession of about 16 kanals of land situated in village taiwandi bharth, tehsil batata. on 27-11-1947 they were allowed to withdraw the suit with liberty to file a fresh suit on condition that rs. 6/- as costs were paid to the defendants. the plaintiff then filed a second suit on 3-10-1949 for the same relief against the same defendant and on the same cause of action but without complying with the condition of payment of costs.this suit was dismissed on 20-1-1950 on the ground that the plaintiffs had not paid the conditional costs before filing the suit. after depositing these costs the plaintiffs brought the present suit on 1-3-1950, for the same relief on the same cause of action and against the same defendants. the defendants 'inter alia' pleaded that the present suit was not maintainable in view of the dismissal of the second suit.the trial court rejected the defence plea and on the merits decreed the suit. the defendants appealed and the lower appellate court upheld the plea of the defendants and without deciding other issues dismissed the suit. the plaintiffs have filed this second appeal in this court. this appeal came up before me and considering the importance of the question involved i referred it to a larger bench. it has now been fixed before us for decision.2. the only point that requires determination in this appeal is, whether or not the third suit is .....

Tag this Judgment!


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