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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1950 Page 1 of about 12 results (0.082 seconds)

Dec 21 1950 (SC)

Pannalal Jankidas Vs. Mohanlal and anr.

Court : Supreme Court of India

Decided on : Dec-21-1950

Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); [1950]1SCR979; [1950]SuppSCR979

..... agreement they had failed to insure the goods. they contended that owing to this negligence and misconduct the plaintiffs were not entitled to the indemnity claimed. in the alternative they contended that the plaintiffs were liable to make good the loss caused to the defendants by their failure to insure ..... not be fair or reasonable to had the defendant responsible for losses which he could not be taken to contemplate as likely to result from his breach of contract. viscount haldane l.c. in the british westinghouse electric & . v. the underground electric railways co. of london [1912] a.c. 678, 689 ..... insured. the second contention is that the counter-claim of the respondents is barred under section 18(2) of the ordinance. in the indian contract act, sections 211 and 212 provide for the consequences of an agent acting otherwise than according to his duty towards the principal. under section 211 ..... that the intervention of government in passing this ordinance could not increase or add to the liability of the appellants for the breach of contract or breach of duty and therefore they were not liable to pay the compensation which would have been receivable by the respondents if the ..... the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance .....

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Dec 04 1950 (SC)

Chiranjit Lal Chowdhuri Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-04-1950

Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869

..... white person yet it was held that the vendor was directly affected, because the courts below, in view of the ordinance, declined to enforce his contract and thereby directly affected his right to sell his property. it is, therefore, clear that the constitutional validity of a law can be challenged only ..... a majority of the residences were occupied by white persons. a white man sold his property in such a block to a negro under a contract which provided that the purchaser should not be required to accept a deed unless he would have a right, under the laws of the city, ..... of the company holding office as such immediately before the issue of the order shall be deemed to have vacated their offices, and any existing contract of management between the company and any managing agent thereof shall be deemed to have terminated. the directors thus appointed shall be for all purposes ..... 21 of the act assures to the shareholders the protection of the stipulations contained in the memorandum and articles of association by constituting them a binding contract, so that neither the company nor the shareholders have the power of doing anything inconsistent therewith. the basic right of the shareholders to have their ..... states the effect of the order appointing directors to be that (1) the old directors shall be deemed to have vacated their office, (2) the contract with the managing agents shall be deemed to have been terminated, (3) that the properties and effects of the company shall be deemed to be in .....

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May 19 1950 (SC)

A.K. Gopalan Vs. the State of Madras

Court : Supreme Court of India

Decided on : May-19-1950

Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88

..... to the state legislatures and the congress [vide kelley and harbinson on the american constitution, p. 539]. to what extent the courts laid stress upon the doctrine of freedom of contract is illustrated in the case of lochner v. new york 198 u.s. 45. in that case the question arose as to the validity of a labour legislation which prohibited ..... the court, observed as follows : 'in each case the violation alleged by those attacking minimum wage regulation for women is deprivation of freedom of contract. what is the freedom the constitution does not speak of freedom of contract. it speaks of liberty and prohibits the deprivation of liberty without due process of law. in prohibiting that deprivation the constitution does not recognise .....

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Dec 04 1950 (SC)

The State of Tripura Vs. the Province of East Bengal

Court : Supreme Court of India

Decided on : Dec-04-1950

Reported in : AIR1951SC23; [1951]19ITR132(SC); [1951]2SCR1

..... is not an action for unliquidated damages but for liquidated sum of money. a breach of trust is certainly an actionable wrong independent of contract and the beneficiaries can claim compensation if the trustee has misappropriated trust property; but as the claim cannot be for unliquidated damages, it ..... it is really this characteristic that differentiates a tort from other forms of civil injury or actionable wrong even though the latter are unconnected with any contract. there may be other remedies besides damages available to the plaintiff against a tortfeasor in the shape of restitution, injunction, etc., but no 'civil ..... a party who failed to perform his agreement on the ground that such failure amounted to a wrong in the nature of deceit [vide pollock on contract, 12th edition, p. 111; winfield on tort pp. 3-4 (4th edition)]. 77. when the principles of substantive law gradually extricated themselves ..... ) where immediately before the appointed day the governor-general in council is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall, - (a) where the cause of action arose wholly within the territories which, as from that day, are the territories of ..... day the province of bengal is subject to any such liability (i.e., 'any liability in respect of an actionable wrong other than breach of contract') referred to in sub-section (1) that liability shall, where the cause of action arose wholly within the territories which, as from that .....

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May 05 1950 (SC)

Rachpal Mahraj Vs. Bhagwandas Daruka and ors.

Court : Supreme Court of India

Decided on : May-05-1950

Reported in : AIR1950SC272; (1950)IIMLJ350(SC); [1950]1SCR548

..... the other hand, its proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does not require registration. 5. there ..... a security thereon.' that is to say, when the debtor deposits with the creditor the title deeds of his property with intent to create a security, the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in other forms of mortgage. but if the parties choose to reduce the ..... contract to writing, the implication is excluded by their express bargain, and the document will be the sole evidence of its terms. in such a case the deposit and the document .....

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Sep 15 1950 (SC)

Province of Bombay Vs. Kusaldas S. Advani and ors.

Court : Supreme Court of India

Decided on : Sep-15-1950

Reported in : AIR1950SC222; (1951)53BOMLR1; (1950)IIMLJ703(SC); [1950]1SCR621

kania, c.j.1. this is an appeal from a judgment of the high court at bombay and it relates to the power of the high court to issue a writ of certiorari against the province of bombay to quash an order to requisition certain premises. the material facts, as stated in the judgment of the high court, are these. one abdul hamid ismail was, prior to the 29th of january, 1948, the tenant of the first floor of a building known as 'paradise' at warden road, bombay, the landlord of which was one dr. m. d. vakil. on the 29th january, 1948, ismail assigned his tenancy to the petitioner and two others, the son and brother's daughter's son of the petitioner (the respondent). all the three assignees were refugees from sind. on the 4th february, 1948, the petitioner went into possession of the flat. on the 26th february, 1948, the government of bombay issued an order requisitioning the flat under section 3 of the bombay land requisition ordinance (v of 1947) which came into force on the 4th december, 1947. on the same day dr. vakil was informed that the government had allotted the premises to mrs. c. dayaram who was also a refugee from sind. further orders were issued authorising an inspector to take possession of the premises. on the 4th march, 1948, the petitioner filed a petition for a writ of certiorari and an order under section 45 of the specific relief act. the petition was heard by mr. justice bhagwati who, inter alia, granted the writ against the province of bombay and the .....

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Nov 30 1950 (SC)

A.M. Mair and Co. Vs. Gordhandass Sagarmull

Court : Supreme Court of India

Decided on : Nov-30-1950

Reported in : AIR1951SC9; 1951(0)KLT35(SC); [1950]1SCR792

..... open to the appellants to invoke the arbitration clause, as the bengal jute mill company and not the appellants were the real party to the contract and the appellants had acted as mere brokers. the appellants asserted in reply that the allegation made by the respondents in regard to there ..... the bengal chamber of commerce. on the 6th february, 1947, the tribunal of arbitration made an award to the effect that the due date of contract had been extended by mutual agreement up to the 31st july, 1946, and accordingly the respondents should pay to the appellants a sum of rs ..... a letter to the appellants pointing out that the extension of time had not been intimated within the 5th working day as provided in the contract and therefore the contract was automatically cancelled. after this letter, some further correspondence followed between the two parties, and finally a bill of difference amounting to rs ..... according to such rules the arbitration shall be conducted.' 4. it is common ground that the respondents, delivered 2,256 maunds of jute under the contract, but the balance of 2,744 maunds could not be delivered within the stipulated period, and, by mutual agreement, time has extended up to the ..... day sold by your order and for your account to the undersigned, etc.' the word 'undersigned' admittedly refers to the appellants, and, at the end of the contract, below their signature, the word 'brokers' is written. on the same day, a 'brought note' (exhibit b) was addressed by the appellants to the .....

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Mar 14 1950 (SC)

Abdulla Ahmed Vs. Animendra Kissen Mitter

Court : Supreme Court of India

Decided on : Mar-14-1950

Reported in : AIR1950SC15; [1950]1SCR30

..... qualification of the word 'purchaser' in the plaintiffs' letter was otiose and therefore should be struck out and the plaintiffs had not performed the contract until they had introduced a person who actually completed the purchase. it was held that the expression 'a purchaser who is able and willing ..... which it might be proper to insert in conditions in reference to the title, that is sufficient authority to the agent to sign a contract for the sale of the property for the price stated in the instructions, without making any provisions whatsoever as to title. in considering whether ..... the property being free from encumbrances and in respect of the guarantee about title indicate that the agent was given authority to make a binding contract. in a bare authority conferring power on a broker for introducing a customer, these stipulations would ordinarily find no place. the words 'to ..... title as to which various special stipulations, which might be of particular concern to the owner, may have to be inserted in a concluded contract relating to such property. the parties therefore do not ordinarily contemplate that the agent should have the authority to complete the transaction in such ..... and lastly, the commission note may be understood as requiring the appellant to find such a purchaser without authorising him to conclude a binding contract of sale but making commission contingent upon the consummation of the transaction. as stated already, the first of these interpretations was rejected by the .....

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Mar 14 1950 (SC)

Gorakhram Sadhuram Vs. Laxmibai Wife of Inderlal Nandlal

Court : Supreme Court of India

Decided on : Mar-14-1950

Reported in : AIR1953SC443

..... relief claimed by her.12. it was argued that the plaintiff could also maintain the suit as a beneficiary if she was not a party to the contract. it is unnecessary to examine this contention in view of the decision that she was actually a party to the agreement and could maintain the suit. ..... and it only remains to pass legal title by the execution of a conveyance, the objection raised as to the plaintiff not being a party to the contract seems to be futile. it was expressly agreed that the conveyance would be executed in her name and she was therefore entitled to demand that. the ..... the conveyance had to be executed in her name. this construction of the agreement is fully supported by the conduct of the promisors immediately after the contract had been made.the promisors started performing their promise within two months of its having been made by directly handing over the ring to the plaintiff regarding ..... presence, made a promise to the plaintiff that the house and the ring would be given to her. that she did become the promise under this contract is clearly proved not only by the oral evidence but from the recital in the first letter in which it was clearly stipulated that she would ..... the judgment of the high court in appeal on three grounds: (1) that the high court had erroneously held that the plaintiff was a party to the contract and could claim specific performance of it. it was contended that this finding was not supported by evidence on the record and really ran counter to it. ( .....

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May 26 1950 (SC)

The Bharat Bank Ltd., Delhi Vs. Employees of the Bharat Bank Ltd., Del ...

Court : Supreme Court of India

Decided on : May-26-1950

Reported in : AIR1950SC188; (1950)NULLLLJ921SC; (1950)ILLJ921SC; [1950]1SCR459

..... the terms of an award is punishable under the act. that being so, a determination of the tribunal not only affects the freedom of contract and imposes pecuniary liability on the employer or confers pecuniary benefits on the employees, but is also involves serious consequences as failure to observe those ..... have been judges. it is its duty to adjudicate on a serious dispute between employers and employees as affecting their right of freedom of contract and it can impose liabilities of a pecuniary nature and disobedience of its award is made punishable. the powers exercisable by a tribunal of ..... of labour, of any person.'33. such a dispute concerns the rights of employers and employees. its decision affects the terms of a contract of service or the conditions of employment. not only may the pecuniary liability of an employer be considerably affected by the adjudication of such ..... answer to the difficulty raised. the tribunal has to adjudicate in accordance with the provisions of the industrial disputes act. it may sometimes override contracts, but so can a court which has to administer law according to the bengal or bihar moneylenders act, encumbered estates act and other similar acts ..... by any recognized substantive law in deciding disputes which come before it. on the other hand, in deciding industrial disputes, it has to override contracts and create rights which are opposed to contractual rights. in these circumstances, it is said that the very questions which arose before the privy .....

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