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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1960 Page 1 of about 31 results (0.117 seconds)

Mar 02 1960 (HC)

Walyti Ram Ram Ditta Mal Vs. Bhagwan Dass Rajinder Kumar

Court : Punjab and Haryana

Decided on : Mar-02-1960

Reported in : AIR1960P& H471

..... clearly emphasise the relationship of principal and agent that subsists between the constituent and the pucca arthia even after the contract is concluded between them as principals.(24) the contention of the learned counsel for ..... . that being so, the fact that the defendant had not received this amount from his other constituents with whom he had entered into contracts, cannot prevent the plaintiff from recovering his dues which are based upon a claim which does not depend on the defendant receiving a similar ..... on the fiction that as agent he had to pay damages on behalf of the constituent to the other contracting party which is none other than himself. for practical purposes, it makes ..... contract and he is a principal in the contract put through by him between the constituent and himself. if the constituent fails to perform his part of the contract the pucca arthia may base his claim on either basis, namely, as principal for damages for breach of contract or as agent for indemnity ..... no difference in such a case on what basis the pucca arthia makes his claim. but the important point to note is that this decision of the judicial committee, air 1917 pc 101, by holding that the rights of the pucca arthia are by way of indemnity .....

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Nov 24 1960 (HC)

Union of India (Uoi), Ministry of Food and Agriculture (Dept. of Food) ...

Court : Punjab and Haryana

Decided on : Nov-24-1960

Reported in : AIR1961P& H281

..... stands discharged. the plaintiff in that case will be entitled to get back his securities from defendant no. 2, because as provided in the counter indemnity bond exhibit p. 26, the securities furnished by the plaintiff had to remain with defendant no. 2 during the period of continuance of the guarantee ..... be suffered by defendant no. 2 by furnishing this guarantee. consequently, on the 19th july, 1954, messrs. pearl hosiery mills, plaintiff, executed a counter indemnity bond (exhibit p, 26) in favour of defendant no. 2, undertaking to indemnify the bank for any loss or damage which defendant no. 2 might ..... 1 and 3 had made such variations in the terms of the original contract which resulted in the discharge of the surety bond executed by defendant no. 2, that since the surety-bond of defendant no. 2 was discharged, the indemnity bond executed by the plaintiff in favour of defendant no. 2 also ..... stood discharged, that under the law it was not necessary that the variations in the contract should have resulted in prejudice to the surety, and consequently questions whether ..... a 'no demand certificate' by defendant no. 1. it was further stated in the contract that the security deposit in favour of the president of the union of india would be in the form of an indemnity bond or a bank guarantee from a scheduled bank.the punjab national bank, limited, defendant .....

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Jan 21 1960 (HC)

M. Mohan Lal Kalia Vs. Wood Trading Co.

Court : Punjab and Haryana

Decided on : Jan-21-1960

Reported in : AIR1961P& H234; [1962]32CompCas454(P& H)

..... swayne that 'where the insurance is lost or not lost', the thing insured may be irrecoverably lost when the contract is entered into, and yet the contract be valid. it is a stipulation for indemnity against past as well as future losses, and the law upholds it.'it is a well known principle of marine ..... excluded. a loss arising from the wilful misconduct of the assured is also excluded on ground of public policy from the perils insured against in a contract of marine insurance. it may be that an insurer may take over such a risk but it must be definitely provided for. in ext. p ..... of england (simonds edition) volume 22). in the present case the loss took place in the consignors' office inasmuch as something less than the quantity contracted for was actually despatched. according to the report of the surveyors, the parcels could not possibly contain anything more than was found in them at the ..... that a decree should be granted also against the second respondent, the hanover fire insurance co.3. the case turns entirely on the terms of the contract of insurance which is contained in the policy of insurance, exhibit p. 3. which accompanied the documents despatched by the consignors to the plaintiff. the ..... in the same condition as have been forwarded by the consignors and the shortage therefore is due to short supply'.it was a c. i. f. contract which the parties entered into. the goods were insured by the second respondent, the hanover fire insurance co., which is an american concern with a .....

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May 25 1960 (HC)

State of Punjab Vs. Hindustan Development Board Ltd.

Court : Punjab and Haryana

Decided on : May-25-1960

Reported in : AIR1960P& H585

..... neither gratuitous nor forbidden by law, the party at fault will be required by law to disgorge the benefit. in the case of quasi-contracts law imposes an obligation in utter disregard of the parties' intention. such a relationship does not appeal upon a promise or privity. the obligation ..... determines the scope, uninfluenced by the manner in which the analogous provision is construed in english law.the language of the provisions of indian contract act cannot be enlarged, or construed narrowly, or, otherwise modified, in order to bring the construction in accord with the scope and ..... of s. 70 are based on the doctrine of quantum meruit of english common law but the rule as embodied in the indian contract act admits of liberal interpretation. when a rule of english law receives a statutory recognition by indian legislature it is the language of ..... for it. so, also, where either party to an express contract is injured, or the labor or expense sustained by him in doing the work is enhanced by the neglect or omission of he other, an implied promise of indemnity therefor will arise, additional to the express agreement. so, also, ..... if entire performance, according to the express agreement, be rendered impossible through the fault of either party, the party in fault will be liable on a quantum meruit, or other action on the case, the compensation being graduated as far as possible by the terms of the express contract .....

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Sep 20 1960 (HC)

Lakshmi Insurance Co. Ltd. Vs. Bibi Padma Wati

Court : Punjab and Haryana

Decided on : Sep-20-1960

Reported in : AIR1961P& H253

..... insurance is in its nature aleatory, voluntary, executory, synallagmatic, conditional, and personal, and, except as to life and accident that it is one of indemnity'. (vide 1 couch on insurance page 5). the contract is aleatory, in so far as it depends upon a contingency, against the occurrence of which, it is intended to provide, though in certain events such ..... applicant for life insurance has to exercise towards the insurer, to whom he applies, the same degree of good faith which he himself rightly expects from him. in contracts uberrimae fidei, contracting parties are placed under a special duty towards each other, not merely to refrain from active misrepresentation but to make full disclosure of all material facts within knowledge. in ..... preference to fair, natural, reasonable and practical interpretation. construction which is liberal rather than literal, has to be favoured, always understanding the words and phrases in the contract in their ordinary and popular sense. 25. the rule of construction against the insurer and favourable to the insured, stems fromwhat otherwise is called, the rule of contra proferentem, ..... conditions. these provisions are construed strictly against the insurer but, where the meaning of the language used is plain, no violence can be done to the terms of a contract by refining them away, if they convey the plain meaning of the purpose, with sufficient clarity. any arbitrary, irrational, unnatural or technical construction has to be avoided in .....

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Aug 29 1960 (HC)

Okara GraIn Buyers Syndicate Ltd., Okara Vs. United Commercial Bank Lt ...

Court : Punjab and Haryana

Decided on : Aug-29-1960

Reported in : AIR1961P& H66; [1961]31CompCas625(P& H)

..... claimed by the appellants to them. this order, however, will be subject to the rider that the payment will be made on the appellants giving indemnity to the bank for restitution in the event the bank is made to pay the amount to pakistan authorities as undertaken by the appellants in their ..... are non-muslims, it would be deemed to be as good as lost and, in any case, the appellants are demanding the money on giving indemnity to the bank and therefore even according to sheldon the non-production of the fixed deposit receipt would not be such an impediment as to entitle ..... entitled to withhold payment of the money should the receipt be lost or destroyed. all that he can do is to ask the depositor for an indemnity.' no doubt term no. 5 in the fixed deposit receipt requires that on the due date the receipt should be discharged by the depositors on ..... whether any amount of the security deposit could or could not be forfeited could only arise for consideration after the expiry of the period of the contract. the contract having come to an end long before the period, the right of the district magistrate, montgomery, to appropriate a part or the whole of ..... would have been evidence that the bank received this amount as the agent of the district magistrate, montgomery, and for that purpose there would be privityof contract between the bank and the districtmagistrate. in the present case, no such privity ofcontract exists between the district magistrate andthe bank. therefore, the only conclusion .....

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Dec 22 1960 (HC)

Ram Lal JaIn Vs. Central Bank of India Ltd., Bombay

Court : Punjab and Haryana

Decided on : Dec-22-1960

Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)

..... compensation arising out of breaches of contract should be included. mr. awasthy pointed out that in other statutes, and in ordinary parlance of course, a debt is not taken to include a claim for compensation for breach ..... defined for both purposes in the same way. it is admitted that in the case of an ordinary insolvent a claim against him for compensation arising out of breach of contract is provable in insolvency. it is, therefore, reasonable to think that the legislature, when providing for the adjustment of debts due from displaced persons, similarly intended that claims for ..... make compensation to the aggrieved party arose, and that, inasmuch as our courts assess compensation in terms of money, it should follow that as soon as the breach of the contract was committed the pecuniary liability arose. the argument, however, confuses the right with the remedy provided for the breach thereof and, as pointed out above, while the primary right ..... behalf of the appellant, however, emphasis is laid on the phrase 'whether ascertained or to be ascertained' and it is contended that this would cover unliquidated damages for breach of contract, i do not, however, consider that by the use of the words 'whether ascertained or to be ascertained' the legislature purported to include in the definition of 'debt' liabilities which .....

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Apr 22 1960 (HC)

Firm Hira Lal Girdhari Lal and anr. Vs. Baij Nath Hardial Khatri

Court : Punjab and Haryana

Decided on : Apr-22-1960

Reported in : AIR1960P& H450

..... was agreed expressly or impliedly to be paid within its territorial jurisdiction. to find this fact the court is entitled to take into consideration the contract, its attending circumstances, the creditor's ordinary place of residence or business and the course of dealings between the parties including all the other ..... point, for example necessities of the case, convenience of the plaintiff, the place of business or residence of the creditor, the nature of the contract and its other terms, the circumstances in which it was entered into and the course of dealings between the parties.i may say that this ..... embodies a rule of evidence based on common course of natural events and on human conduct in commercial transactions. there is nothing in the indian contract act or in any other statute to exclude its application or consideration in this country.courts are, however, not bound to draw a presumption in ..... at creditor's place of residence or business or raises an irrebuttable presumption to that effect. in england when courts consider as to where the contract ought to be performed, they invariably consider this rule and also other evidence and attending circumstances and then decide the matter. it is not ..... business branch in rangoon and the suit was for payment of money due from soniram jeetmull on account of certain transactions between the parties. the contract itself was made at calcutta, and the question was whether the suit to recover the money due could be brought at rangoon. the high .....

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May 24 1960 (HC)

Punjab National Bank Ltd. Vs. R.B.L. Benarsi Das and Co.

Court : Punjab and Haryana

Decided on : May-24-1960

Reported in : AIR1960P& H590

..... orders for safeguarding their interests.in this connection mr. sibal has also referred to illustrations (a) and (b) under s. 212 of the indian contract act. these illustrations, however, are not of much assistance, because the facts of both of them clearly show that the consequences which arose from the ..... of the mercantile bank is that of the sub-agent appointed under the authority of the defendant firm, but without there being any privity of contract between them. the question which arises for consideration, therefore, is how far is the punjab national bank guilty of negligence and what is the ..... and his obligation quoad the part of the business of the agency entrusted to the substituted agent ceases if and so soon as privity of contract has been created between the substituted agent and the principal.'after applying the above test to the facts of the case before him the learned ..... at khulna as the plaintiffs' agent for the purpose of collecting the bills or, in other words, whether the defendant-bank created privity of contract between the plaintiffs and the khulna bank. in my opinion, that is the true test to determine whether the person appointed by an agent authorised ..... emergencies arise which impose upon the agent the necessity of employing a substitute; and that when such authority exists, and is duly exercised, privity of contract arises between the principal and the substitute, and the latter becomes as responsible to the former for the due discharge of the duties which his .....

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Dec 01 1960 (HC)

Bai Chander Mani D/O Hari Ram Sanghi Vs. Bhagirath S/O Sewa Ram Ahir a ...

Court : Punjab and Haryana

Decided on : Dec-01-1960

Reported in : AIR1961P& H296

..... one day prior to the sale, it should be considered as one taken under the sale. the period elapsing between the delivery of possession and the contract of sale has hardly any bearing on the question in issue. once it is foundthat the physical possession of the property was not taken under the ..... a year before the sale-deed is executed and the vendee takes possession of the properly under the agreement of sale in anticipation of the actual contract. if the argument urged on behalf of the respondent is accepted the period of limitation for a suit to pre-empt such a sale would commence ..... and there is no justification for stretch-ing it so as to include physical possession taken in contemplation or anticipation of the sale. generally every written contract of sale is preceded by a ver-bal talk between the parties leading to it, but for that reason it cannot be said that the sale ..... the owner of one-half of the holding, the learned judge held that because the vendee was in physical possession from the date of the original contract (adhlapi-nama), under the circumstances physical possession under the sale was impossible and article 10 of the limitation act did not apply.the above decision and ..... the property sold, or, founded on where the subject of the law, or general sale does not admit of usage, or on physical possession, special contract. when the instrument of sale is registered.'the terminus a quo for a suit for pre-emption prescribed under the first part of article 10 re-produced .....

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