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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: chennai Year: 1934 Page 1 of about 41 results (0.037 seconds)

Jan 30 1934 (PC)

imperial Bank of India Vs. P.L.A. Veerappa

Court : Chennai

Decided on : Jan-30-1934

Reported in : AIR1934Mad595

..... , namely ramajogayya v. jagannadhan 1919 mad. 641 in which the majority of the full bench held that no decree can be passed against a minor or his estate on a contract entered into on his behalf by a guardian under which covenant no charge is created on the estate except in cases in which the minor's estate would have been ..... certain lands on lease in their own names, but as was alleged for the benefit of the minor, neither the minor nor his estate could be made liable on the contract. in view of these decisions it was held in sauka krishnamurthi v. bank of burma (1912) 35 mad. 692 that the rule which makes a minor member of a joint ..... with powers larger than are reasonably proper for carrying on the business, that the creditors can proceed against the minor's estate only where the guardian would be entitled to indemnity for the liabilities properly incurred out of the assets of the minor embarked in the business, and that where the guardian has no such right to ..... indemnity against the assets of the business or where he has acted improperly the creditors have no right against the assets of the minor's business. it was also held that .....

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Jan 10 1934 (PC)

Krishnaswami Ayya Vs. T.B. Ramachandra Rao and ors.

Court : Chennai

Decided on : Jan-10-1934

Reported in : 153Ind.Cas.1005

..... thulji boyee got the suit house belonging to the deceased. a creditor of the widows filed 0. section no. 275 of 1872 against them for the recovery of a debt contracted by them after their husband's death. a decree was obtained and in court auction in execution of the decree the house was sold and purchased by the decree-holder .....

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Jan 16 1934 (PC)

Kotla Venkataswamy Vs. Chinta Ramamurthy and ors.

Court : Chennai

Decided on : Jan-16-1934

Reported in : AIR1934Mad579

..... defendant; 4. the mortgage deed was signed by the working director and by the secretary to the company (defendants 1 and 2). the plaint avers that the debt was regularly contracted in accordance with the powers and authority possessed by the said director and secretary under the articles of the said company and the special resolutions passed from time to time ..... in his written statement says that he does not admit that the document was executed by and on behalf of the company, defendants 1 and 2 not being competent to contract loans, much less to charge the property of the company. objection is taken to the form of this statement, the contention being that it is not enough to say that .....

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Jan 20 1934 (PC)

Krishnaswami Ayyar Vs. T.B. Ramachandra Rao and ors.

Court : Chennai

Decided on : Jan-20-1934

Reported in : AIR1934Mad646

..... , tulaja boyee got the suit house 'belonging to the deceased. a creditor of the widows filed o.s. no. 275 of 1872 against them for the recovery of a debt contracted by them after their husband's death. a decree was obtained and in court auction in execution of the decree, the house was sold and purchased by the decree-holder .....

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Feb 20 1934 (PC)

K.C.A. Arunachala Nadar and ors. Vs. Srivilliputtur Municipal Council

Court : Chennai

Decided on : Feb-20-1934

Reported in : AIR1934Mad480

..... wisdom of counsel's conceding the point in mahomed ibrahim v. commissioners for the port of chittagong : air1927cal465 mad. of his commentary on the contract act but he only follows the english decisions. it would be dangerous to ignore the plain, statutory provision of section 65 and argue as though the ..... assumption that a municipality is a person who can make agreements. the act itself seems to assume as much, for even under section 45 a contract below rs. 100 is left to its unhampered direction. the act does not specially empower municipalities to make agreements, and then prescribed the form ..... is considering the welfare of the community as a whole, and there is no cause; for surprise that while making special provision in terms as regards contracts, it left agreements to be governed by the general law. mr. srinivasa ayyangar argues that the special overrides the general; a maxim of universal ..... question would seem to be that the municipalities act is silent about and therefore not concerned with such an agreement. the distinction between agreements and contracts is well known and it would have been quite easy to provide that every agreement made on behalf of a municipal council shall be immune ..... 29 mad. 360 and evidently influenced walsh, j., in our present case. it was held in allahabad that section 65 cannot apply to a contract void ab initio and it was also suggested hypothetically that if a court were to hold otherwise it would render nugatory the salutary provision of the .....

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Mar 14 1934 (PC)

Muhammad Esuff Rowther Vs. M. Hateem and Co.

Court : Chennai

Decided on : Mar-14-1934

Reported in : AIR1934Mad581; 153Ind.Cas.111

..... the above considerations that in the present case the contract was completed at the place of his business which is within the jurisdiction of the tiruvarur court and the parties intended that the performance was to be ..... the decision just quoted i must hold that the contract was intended to be performed at the place of business which is within the jurisdiction of the district munsif's court of tiruvarur. it follows from ..... rate, in kasganj and the suit was rightly brought there. in the present case the learned district munsif would have concluded that the performance of the contract was intended to be within the jurisdiction of the tiruvarur court but for the fact that the goods were sent per v.p.p. having regard to ..... articles were sent per v.p. from delhi it must be assumed that the cause of action arose at delhi, that is, the performance of the contract should be considered to have taken place at delhi. this argument was overruled by the learned judges. they held that in spite of the fact that ..... time when and at the place where the letter of acceptance is posted.4. exhibit 2 was posted at vijayapuram. it would follow from this that the contract was made in vijayapuram. another -circumstance having a bearing on the question of jurisdiction is also referred to by the learned district munsif in this paragraph. .....

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Mar 29 1934 (PC)

iswara Shetty Vs. Ramappa Shetty and ors.

Court : Chennai

Decided on : Mar-29-1934

Reported in : AIR1934Mad658

..... the appellant, to pay rs. 276-4-0 to appanna rain, the other mortgagee. but this does not amount, on a proper construction, to any contract limiting the appellant's liability to bear the burden of a covenant for quiet enjoyment. it only mentions the amount which the parties them thought sufficient to ..... held entitled to recover. this was clearly a case under clause (g), section 108, but the decision was based upon the general provisions of section 69, contract act.8. the case in yogambal boyee ammani ammal v. naina pillai (1909) 33 mad. 15, was not one of lessor and lessee and was ..... defendant. this was clearly a case not governed by clause (g), section 108, t.p. act, but by the general provisions of sections 69 and 70, contract act. the case in mt. faiyazunnissa v. bajrang bahadur singh 1927 oudh. 609, was one of land revenue payable by the lessors under a permanent lease. ..... and defendant 1 had in fact the benefit of the payment by the appellant and he thought that the conditions required by sections 69 and 70, contract act, were satisfied. having so held against the theory of voluntary payment, the learned subordinate judge also rejected the theory of the plaintiff's right being ..... that the plaintiff was a mere volunteer and that he was not entitled to recover anything as he did not satisfy the conditions of section 69, contract act, and although he worked out the figures which the plaintiff and defendant 1 would have to contribute in case the plaintiff was entitled to contribution, .....

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Mar 29 1934 (PC)

ishwara Shetty Vs. Ramappa Shetty and ors.

Court : Chennai

Decided on : Mar-29-1934

Reported in : 152Ind.Cas.201

..... the leasehold interest free from the plaintiff's sub-mulgeni right. it may also be pointed out that in any case section 69 of the contract act applies because the plaintiff as sub-mulgenidar had an interest in making the payment to protect his possession which was threatened and that the appellant ..... , the appellant to pay rs. 276-4-0 to appanna rai, the other mortgagee. but this does not amount on a proper construction to any contract limiting the appellant's liability to bear the burden of a covenant for quiet enjoyment. it only mentions the, amount which the parties then thought sufficient ..... the rent, or otherwise recover it from the lessor. by section 109, if the lessor transfers the property leased, the transferee, in the absence of a contract to the contrary, shall possess all the rights and if the lessee so elects, be subject to all the liabilities of the lessor as to the property ..... defendant had in fact the benefit of the payment by the appellant and he thought that the conditions required by sections 69 and 70 of the contract act were satisfied. having so held against the theory of voluntary payment, the learned subordinate judge also rejected the theory of the plaintiff's right being ..... plaintiff was a mere volunteer and that he was not entitled to recover anything as he did not satisfy the conditions of section 69 of the contract act and although he worked out the figures which the plaintiff and the 1st defendant would have to contribute in case the plaintiff was entitled to .....

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May 08 1934 (PC)

Commissioner of Income Tax Vs. Chengalvaroya Mudaliar

Court : Chennai

Decided on : May-08-1934

Reported in : AIR1934Mad617

..... , lord sumner says:they (the company) said, much as has been said in this case, that before profits can be made out of working a contract, the contract has to be got and the payment of its price is the root of the profits. the court held that this sum was paid with the rest ..... in the words i have earlier referred to, as of doubtful validity in the hands of outsiders, emphasizes this conclusion. the 30,000 paid for the contracts or for its equivalent, therefore, became part of the appellant's fixed capital and could not properly appear in his revenue account. if that be so, ..... be very advantageous to the purchaser. these coal contracts were valued at 30,000. the appellant claimed, in arriving at the amount of the profits duty under the finance act 1915, to deduct this 30 ..... on the terms of taking over the assets of the business at a valuation but without paying anything for goodwill. the assets included certain forward coal contracts made by the father with several colliery owners, for the delivery of coal by the latter in periodic instalments, and prices which ultimately turned out to ..... entered into a number of similar agreements affects the question. it seems to me that the observations made by bowen, l.j., in city of london contract corporation, limited v. styles which are referred to in alagannan chetty v. the commissioner of income tax, madras are very much in point. in the .....

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May 08 1934 (PC)

Commissioner of Income Tax Vs. U. Chengalvaroya Mudaliar

Court : Chennai

Decided on : May-08-1934

Reported in : 152Ind.Cas.48

..... lord sumner says:they (the company) said, much as has been said in this case, that before profits can be made out of working a contract, the contract has got to be got and the payment of its price is the root of its profits. the court held that this sum was paid with ..... the words 1 have earlier refened to, as of doubtful validity in the hands of outsiders, emphasises this conclusion. the 30,010 paid for the contracts or for its equivalent therefore became part of the appellant's fixed capital and could not properly appear in his revenue account. if that be so, ..... to be very advantageous to the purchaser. these coal contracts were valued at 30,000. the appellant claimed in arriving at the amount of the profits of the business chargeable to excess profits duty under the ..... the terms of taking over the assets of the business at a valuation but without paying anything for good will. the assets included certain forward coal contracts made by the father with several colliery owners, for the delivery of coal by the latter in periodical instalments, at prices which ultimately turned out ..... previously entered into a number of similar agreements affects the question. it seems to me that the observations made by bowen, l.j., in city of london contract corporalion limited v. styles (1887) 2 t.c. 239 which are referred to in alaganan chetty v. commissioner of income-tax, madras : air1928mad902 page .....

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