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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1958 Page 1 of about 15 results (0.016 seconds)

Apr 11 1958 (HC)

Janwatraj Vs. Jethmal

Court : Rajasthan

Decided on : Apr-11-1958

Reported in : AIR1958Raj343

..... the application of article 83 in this series can be resisted so far as the present case is concerned.as already held above, the suit contract was a contract of indemnity, and the plain language of this article clearly seems to me to apply to it. the period of limitation provided with reference to this article ..... the same upon umar bhai's default. in other words, the plaintiff was undoubtedly damnified. it may be that this damnification occurred not on the date the contract of indemnity was executed, that is, the 20th august, 1947, but later, and if that is so, it is enough to say that if the suit is ..... be within time. it is, however, contended that the time from which the period has been prescribed to run under this article is not when a contract of indemnity may have taken place, but when the plaintiff is in actual fact damnified or put to loss.what is argued is that the plaintiff gave his ..... himself, or by the conduct of any other person, is called a contract of indemnity'.'section 128 lays down, with respect to the liability of a surety, that it is co-extensive with that of the principal debtor, unless it is ..... person to whom the guarantee is furnished. it would be convenient to give at this place the definition of a contract of indemnity also, vide section 124 of the contract act. the definition is this :'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor .....

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Aug 06 1958 (HC)

Surajmal and ors. Vs. Doongarmal and ors.

Court : Rajasthan

Decided on : Aug-06-1958

Reported in : AIR1959Raj27

..... to be of a wagering nature, we have no hesitation in saying that there can be no question of the collateral contracts whether of indemnity or otherwise being bad because the principal contracts are not of wagering nature at all. we, therefore, reject this contention also.18. we now proceed briefly to ..... and no suit shall be allowed in any court of justice for recovering any sum of money paid or payable in respect of any such contract or contracts or any such agreement or agreements as aforesaid.''30b. no suit shall be allowed in any court of justice for recovering any commission, brokerage ..... these provisions can be called into operation, the principal transactions in respect of which the brokerage, commission or losses etc. are claimed must be proved as wagering contracts. see sassoon v. tokersey, ilr 28 bom 616 (d) and chimanlal v. nyamatrai, air 1938 bom 44 (e).we entirely agree with this view ..... where the business is done through a commission agent, it may be said possibly that the defendant's intention was to gamble nevertheless the contracts cannot be condemned as being violative of section 30 for the reason that evidence would be lacking as to the original intention of such third ..... plaintiffs to secure them against loss.the plaintiffs delivered merely 300 tons to some of the defendants,, and as for the balance they made cross-contracts and paid differences. the trial court decreed the suit but on appeal an appellate bench of the high court dismissed the suit holding that the .....

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Feb 26 1958 (HC)

Chhogalal and ors. Vs. Kanayalal and ors.

Court : Rajasthan

Decided on : Feb-26-1958

Reported in : AIR1958Raj303

..... as the parties intended cannot by implication affect their rights under the first transaction. we are therefore of opinion that there is no case of novation of contract. 10. we therefore allow the appeal, set aside the decree of the court below and decree the suit for rs. 11,397/- with pendente lite ..... but when that mortgage failed to come into existence owing to a legal defect there could be no question of the plaintiffs intending to make a new contract because of some bond that might have been spelled out of the invalid mortgage deed. we may in this connection refer to mathura mohan saha v. ..... once the mortgage fails to materialise for want of a legal defect i.e. absence of registration, there could in our opinion be no new contract replacing the old contract and extinguishing the old debt. the plaintiffs, according to the defendants' own showing, were agreeable to the extinguishment of the old debt on the ..... 'account stated' and therefore a suit would lie on its basis. 9. this brings us to the next question: whether there was a novation of contract by which the debt of rs. 9900/- was extinguished. now the case of the defendants in this connection was that this debt was extinguished by the ..... of which no suit could lie. it therefore dismissed the suit. on the second point it held that there was no mortgage and no novation of contract extinguishing the debt acknowledged by kanhaiyalal for rs. 9900/-. 5. the contention on behalf of the plaintiffs in this appeal is that the court below was .....

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Apr 16 1958 (HC)

Gulab Chand Vs. Firm Hanuman Bux Rama Kishan, Sambhar and anr.

Court : Rajasthan

Decided on : Apr-16-1958

Reported in : AIR1959Raj223

..... ), partnership act, in that after 1-10-1933, section 69 will become operative and a firm which is not registered and which sues to enforce a right arising from a contract shall be non-suited.'it does not appear from this ruling whether the effect of section 74 of the act was considered.16. in air 3935 all 898, which is ..... the firm.(3) the provisions of sub-ss. (1) and (2) shall apply also to a claim of set-off of other proceeding to enforce a right arising from a contract, but shall not affect: (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power ..... and the person suing is or has been shown in the register of firms as a partner in the firm.(2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been ..... of the latter section. before proceeding further it would be advisable to quote these two sections in full.'section 69: (1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any .....

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May 07 1958 (HC)

Sheopatsingh Vs. Narishchandra

Court : Rajasthan

Decided on : May-07-1958

Reported in : AIR1958Raj324

..... could be enforced against him in a court of law. in order to prove this the petitioner was bound to prove that all the requirements of section 70 of the contract act, which runs as follows; were fulfilled: 'section 70. where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously; and ..... mechanically propelled vehicles and did nothing to stop it. we accordingly infer that they were so carried with his implied consent. 63. consent is defined under section 13 of the contract act in these words. two or more persons are said to consent when they agree upon the same thing in the same sense. this consent need not always be express ..... , that is indicated by words. itmay also be implied, that is indicated otherwise than by words. section 9 of the contract act lays down that in so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. in so far as .....

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Jan 28 1958 (HC)

Shambhooram and anr. Vs. Mangalsingh and anr.

Court : Rajasthan

Decided on : Jan-28-1958

Reported in : AIR1959Raj59

..... entitled to the benefit of section 13 (4).6. the relevant provisions of section 13, withwhich we are concerned, are these : --'13(1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant, so long as he ..... , be inconsistent with the provisions of section 114 of the transfer of property act. section 108(q) of the transfer of property act provides that in the absence of a contract or local usage to the contrary, the lessee is bound to put the lessor into possession of the property on the determination of the lease.one of the ways in ..... is a complete and exhaustive code.that, in my opinion, cannot be postulated as! to section 108 of the transfer of property act which applies in the absence of a contract or local usage to the contrary. i fail to see, in the circumstances, why if a state law leaves section 108 of the transfer of property act intact as it .....

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Jan 06 1958 (HC)

Lal Chand Vs. Radha Ballabh

Court : Rajasthan

Decided on : Jan-06-1958

Reported in : AIR1959Raj240

..... appellant that there was no contract at all in this case. we are of opinion that that argument cannot be accepted.it is true that the kabuliat was not signed by the lessor. ..... in our opinion, be separated provided the instrument in which it appears is admissible in evidence though invalid as a lease; if on separation it amounts to a contract to the contrary with respect to the provisions of section 106, it should be given effect to. in this connection, it was urged on behalf of the ..... therefore, urged that the sixth clause which provides for one month's notice for ejectment should be severed from the kabuliat and should be read as a separate contract to the contrary.12. we have given the matter our earnest consideration. the point is not free from difficulty. no exact case on all fours with the ..... but one serious objection to this view (viz. that the tenancy was for one year only) seems to be that this would amount to making a new contract for the parties. the parties here certainly did not intend to create a lease for one year. the lease was intended to be for a period exceeding one ..... had given one month's notice to the defendant, though it did not expire with the end of tenancy. that notice was sufficient as it was a contract to the contrary within the meaning of section 106 of the transfer of properly act, further, an argument was raised before us in spite of the concession .....

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Sep 26 1958 (HC)

Chandra Nath Vs. Pahlad Narain

Court : Rajasthan

Decided on : Sep-26-1958

Reported in : AIR1961Raj154

..... all 185.9. with all respect, i fail to understand why the plaintiff cannot appropriate a payment towards all the items outstanding on a particular date. section 60 of the contract act provides that 'where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply ..... has a bill against a party for any amount in which the items are so connected together that it appears that the dealing is not intended to terminate with one contract, but to be continuous, so that one item, if not paid, shall be united with another, and form one continuous demand the whole together forms but one cause of action .....

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Nov 18 1958 (HC)

Rameshwar and ors. Vs. Jethabhai

Court : Rajasthan

Decided on : Nov-18-1958

Reported in : AIR1960Raj13

..... the first place the allegations in the plaint indicate that the defendant was carrying on business at karachi. in his statement on 27th april 1953 ramesli-war admitted that the contract of the sale of kho-pras was done with the defendant. secondly as stated earlier even if the defendant did not reside at karachi his business had been displaced and ..... could be instituted at baiotra. the other allegations in the plaint confirmed that the defendant carried on' business at karachi. it is for instance said in para 3 that the contract of the sale of khopras took place with the defendant on 20th september 1946 and inpara 4 it is mentioned that the defendant was asked to take delivery but he ..... three months from the date of contract: it was alleged that the plaintiffs offered delivery on the due date which was said to be 3rd january 1947, but the defendant did not take delivery of the troods ..... of it at karachi. this branch came to be closed on the formation of dominions of india and pakistan. it was alleged that on 20th september 1946 there was a contract between the parties by which it was agreed that the plaintiffs will cave delivery or 225 bags of khopra at a certain rate to be delivered at the end of .....

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Jan 03 1958 (HC)

Kishen Raj and ors. Vs. Radhalal and ors.

Court : Rajasthan

Decided on : Jan-03-1958

Reported in : AIR1958Raj145

..... be that, whereas, before order 34, rule n had been introduced, the court had no option to reduce the rate of pendente lite interest which was considered to rest in contract until the date fixed for redemption in the case of a redemption suit, the court after the introduction of the said rule, would have the power to reduce the rate ..... judgment of the federal court observed that prior to 1929, the position was that the question of such interest was considered to remain in contract, and the interest had to be paid at the rate specified in the contract, and in support of this view, the decision of the privy council in jagannath prosad singh's case was cited.the learned judge ..... 1 (a). it was held in this case that the question of interest until the period of redemption has expired rests in contract, and the interest has to be paid at the rate and with the rests specified in the contract of mortgage.in other words, the court had no option, according to this view, to vary the rate of interest for .....

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