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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: chennai Year: 1950 Page 1 of about 48 results (0.057 seconds)

Apr 14 1950 (HC)

Minor Ramalingam Reddi by Next Friend Vanajakshi Ammal and anr. Vs. Ba ...

Court : Chennai

Decided on : Apr-14-1950

Reported in : AIR1951Mad431; (1950)2MLJ597

..... doctrine of part performance, even though no conveyance had been executed. section 53a, t. p. act, dealing with part performance postulates a valid contract between the parties for the transfer of immovable property.6. the doctrine of mutuality as developed by english decisions with its deceptive appear, ance of ..... the minor's estate on a guardian's contract without being obliged to depend on a subrogation to the guardian's right of indemnity or reimbursement, whether the contract was one for necessaries supplied to the minor or whether the liability under the contract was one to which the minor's estate ..... what the minor cannot do directly by entering into a contract and the creditor can make the minor's estate liable not on the contract of the guardian, but on the principle of subrogation to the guardian's right of reimbursement or indemnity. this was the view of wallis c. j., in ..... bama jogayya v. jagannathan, 42 mad. 185: a. i. r. 1919 mad. 641 , fazl ali j. (at p. 299), was also of the opinion that the guardian of a hindu minor could not make contracts on behalf ..... was liable under hindu law.11. the distinction between the liability of a minor's estate under a mortgage or charge created by a guardian and a liability arising out of a contract .....

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Mar 24 1950 (HC)

Padmanabha Kakkothaya and ors. Vs. Keshava Derinjithaya and anr.

Court : Chennai

Decided on : Mar-24-1950

Reported in : AIR1951Mad239; (1950)2MLJ438

..... between other contri-butories only in the proportion of the benefits which each one of them has received at the time of the original contract. section 43, contract act did not envisage such a contingency, it seems to be a causus omissus. it only speaks of the liability of all the ..... of a common burthen, and has no existence whatever, inchoate or complete, till the payment ia made. it is not, therefore, affected by what affectes the contract. that rule was necessarily the consequence of dering v. winchelsea, (1787) 1 cox. 318 : 2 bos. and p. 270 because in that case the ..... one of the joint contributors has not paid and the others have to pay that sum though those others received the benefits in the original contract in unequal proportions. there is not direct authority so far as our attention has been invited to in the indian courts except certain observations contained ..... was between the contributories themselves in proportion of the benefit enjoyed by each one of them. he relies upon the third paragraph of section 43, contract act, which lays down that it any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear ..... then it follows that the implied obligation of the principal debtor under the contract of guarantee to keep the guarantor indemnified from any loss or damage would displace or be available to be set off against the other implication of indemnity.' this is direct authority for holding that since defendant 5 was only .....

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Aug 16 1950 (HC)

A.L.S.P.Pl. Subramania Chettiar (Decd.) and anr. Vs. Moniam P. Narayan ...

Court : Chennai

Decided on : Aug-16-1950

Reported in : AIR1951Mad48; (1950)2MLJ472

..... amended under section 19, madras agriculturists' relief act, and the amount recoverable by a plaintiff from the principal debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion; and if the sum recoverable from the principal debtor becomes zero, under the amended decree the surety's liability would also be reduced to nothing ..... , are the plaintiffs entitled to proceed against the surety they are not. to my mind, the question does not admit of any doubt. cunningham and shephard in their 'indian contract' quote the following passage from pothiar when dealing with section 134 : 'it results from the definition of a surety's engagement as being accessory to a principal obligation that the ..... to the principal debtor and which do not maintain the benefit under the madras agriculturists' relief. act given to the surety by adding to or amending the sections of the contract act or even the section of the madras agriculturists' relief act. according to him, this also shows that the madras agriculturists' relief. act never intended to extinguish the debt ..... onanson's observations:'at common law lapse of time does not affect contractual rights. such rights are of a permanent and indestructible character unless either from this nature of the contract or from its terms it be limited in point of duration. but though the rights possess this permanent character, the remedies arising from their violation are by various statutory provisions .....

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Jan 09 1950 (HC)

K.M.S. Lakshmanier and Sons Vs. the Commissioner of Income Tax and Exc ...

Court : Chennai

Decided on : Jan-09-1950

Reported in : AIR1950Mad668; [1950]181ITR734(Mad)

..... deposit.' the transaction started as advance payment of purchase money and ultimately it was changed into security deposit for the due performance of the forward contracts of the customers. the assessees themselves decided to demand from the customers a certain amount as security deposit and the amount itself was fixed by ..... also fixed by the assessees themselves and the arrangement was to treat the amount as 'security deposit' towards the dealings relating to the forward contract between the customer and the assessees which in plain language means that if there was a breach during the course of the dealings on the ..... the delivery of the goods towards the final payment of the purchase price. it was later altered into a deposit with reference to each contract variously described as 'contracts advance fixed deposit account' and 'security deposit' account. finally, under the last of the circulars an amount roughly of 30 per cent. ..... the asses-sees and the customers. that circular is in these terms:'this is to inform you that we have changed the heading of your 'contract advance fixed deposit' account into 'security deposit' account. as such, we have transferred the amount which is to your credit in the former to ..... the system of sales adopted by the assessees in selling yarn to customers was to obtain an advance of an amount in respect of forward contracts under which the assessees agreed to supply yarn to their customers. this was roughly about 80 per cent. of the sale price and when the .....

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Jan 09 1950 (HC)

K. M. S. Lakshmanier and Sons Vs. Commissioner of Income-tax and Exces ...

Court : Chennai

Decided on : Jan-09-1950

Reported in : [1950]18ITR734(Mad)

..... deposit'. the transaction started as advance payment of purchase money and ultimately it was changed into security deposit for the due performance of the forward contracts of the customers. the assessees themselves decided to demand from the customers a certain amount as deposit and the amount itself was fixed by the ..... also fixed by the assessees themselves and the arrangement was to treat the amount as 'security deposit' towards the dealings relating to the forward contracts between the customer and the assessees which in plain language means that if there was a breach during the course of the dealings on the ..... the delivery of the goods towards the final payment of the purchase price. it was later altered into a deposit with reference to each contract variously described as 'contract advance fixed deposit account' and 'security deposit account.' finally, under the last of the circulars an amount roughly of 30 per cent ..... the assessees and the customers. that circular is in these terms :-'this is to inform you that we have changed the heading of your contract advance fixed deposit account into security deposit account. as such, we have transferred the amount which is to your credit in the former to ..... delivered or to be delivered for each and every time should be paid in full and this system is applicable to out future booking of contracts only.'a further circular was sent on 5th december, 1944, in which there was a further modification in the system of the dealings between .....

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Jan 16 1950 (HC)

D. Mohideen Sahib and Co., Excise Contractors Vs. Commissioner of Inco ...

Court : Chennai

Decided on : Jan-16-1950

Reported in : AIR1950Mad451; [1950]18ITR200(Mad)

..... this opinion we must hold that the object of the partnership was illegal and therefore the partnership contract itself was void ab initio. that being the case it was open to the income-tax officer to refuse to register a firm whose object was ..... judges also held that even though a partnership was lawful at its inception because it was not intended to infringe any of the provisions of the contract act, it nevertheless, became unlawful when it intended to conduct the business jointly on a licence granted to one only of the partners in view of ..... or toddy on a licence granted, or to be granted, to only one, or some of the partners, is void ab initio whether the partnership contract was entered into before the licence was granted or afterwards. the reason for this conclusion is stated to be that such a partnership arrangement either involves a ..... unlawful and the partnership contract under which the firm was constituted was wholly void. we therefore answer the question referred to us in the affirmative and against the assessees. the ..... whether the business or the combination of persons was legal or illegal. he contends that if the contract of partnership or the business was illegal the partners could not enforce the rights flowing from the contract of partnership but for purposes of income-tax the profits of the partnership could be assessed to .....

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Jan 17 1950 (HC)

Kolandayammal Vs. Sinnavelappa Goundan and ors.

Court : Chennai

Decided on : Jan-17-1950

Reported in : AIR1952Mad27; (1951)2MLJ438

..... legislative power and that in so far as the section affected interest it did so only incidentally. but the judicial committee held that the legislation sought to modify statutorily the contract between the two parties which would have the effect of not only reducing the rate of interest but also postponing the payment of interest. in this view they held that ..... the mortgage deed required, was 'intra vires', the punjab legislature. it was contended that the legislation offended the existing law such as sections 37, 69 and 70 of the indian contract act and section 4(1) and (2) and section 59 of the code of civil procedure whereas the opposite party sought to support the validity of the legislation by relying ..... agricultural land. item 8. transfer of property other than agricultural land; registration of deeds and documents. item 9. trusts and trustees. item 10. contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land. item 11. arbitration. item 12. bankruptcy and insolvency.' it will therefore be seen that whenever the legislature intended to exclude .....

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Jan 25 1950 (HC)

F.X.D. Pinto and anr. Vs. Sheenappa Malli and ors.

Court : Chennai

Decided on : Jan-25-1950

Reported in : AIR1951Mad524; (1950)2MLJ169

..... to sell in case the mortgagees require at a fixed price even though it be not the proper price on the date of the sale. such a contract for pre-emption would be clearly a clog on the equity of redemption.4. apart from this objection on the ground that this clause offends the rule against ..... market price, here we have a contract of preemption one of the terms of which is that the mortgagors shall not only give the mortgagees the first right of refusal, but they are further bound, ..... the notice dated 3-3-1943 offered to pay theentire amount of rs. 7500 and obtain redemption. in our opinion, though something may be said for a contract of pre-emption underwhich the mortgagees would have the right of first refusal, but the price ia that which is either agreed upon between the parties or the ..... 1914 a. c. 25 : 83 l.j.ch. 79). the rule that a mortgagee is not allowed at the time of the loan to enter into a contract; for the purchase of a portion of the mortgaged property or a part thereof is absolute.3. if, on the other hand, the clause is treated as embodying a ..... contract for pre-emption, it is not a case of absolute option. there is somedivergence of judicial opinion whether such a contract would in all circumstances amount to a clog on redemption. but in the present case, it is not .....

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Feb 14 1950 (HC)

Tulabandu Basavayya Alias Chinna Basavayya Vs. Sri Satyabhigna theerth ...

Court : Chennai

Decided on : Feb-14-1950

Reported in : (1950)IIMLJ607

orderviswanatha sastri, j.1. these three civil revision petitions arise out of three suits instituted in the court of the district munsif of tenali, by the head of the uttaradi mutt as trustee of a religious endowment, for the recovery of lands in the possession of the defendants in the respective suits. the averments in the pleadings, the issues raised and the evidence adduced ate common to the three suits which were tried together and decided by a common judgment, both original and appellate. the lands in suit are situate in devarapalle agraharam. the plaintiff's case was that the defendants in each of the three suits were his lessees whose term had expired but who, nevertheless, continued in possession of the lands under an untenable claim of permanent occupancy rights. the defendant contended that the lands in the suit were 'ryoti' lands situated in an 'estate' and that they had therefore acquired occupancy rights therein under section 6 (1), madras estates land act, hereinafter referred to as the act. they also pleaded that the civil court had no jurisdiction to try the suits. the learned district munsif upheld the plea of the defendants and returned the plaints in the three suits for presentation to the revenue court. on appeal the learned subordinate judge reversed that decision and directed the lower court to proceed with the trial of the three suits holding that the lands in question were not ryoti lands and that the suits for the ejectment of the tenants of those .....

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Feb 25 1950 (HC)

The Provincial Government of Madras, Represented by the Collector of B ...

Court : Chennai

Decided on : Feb-25-1950

Reported in : AIR1950Mad521

..... agents excluding any personal right or liability, agents who in addition to the liability of their principals came under a personal obligation to implement the contracts of sale or purchase entered into on behalf of their principals, agents in possession and control of the principals' goods for sale, agents who ..... principal. even a del credere agent who undertakes to indemnify his employer against loss arising from the failure of persons with whom he contracts, to carry out their contracts for sale or purchase of goods, is still an agent and does not become a seller or buyer himself. 40. the learned ..... sale or purchase of goods belonging to a merchant. explanation (i) to section 2 (i) assumes that the person primarily responsible for implementing the contract is the dealer whose turnover has to be taken into account. explanation (ii) to section 2 (i) requires the seller of goods to include ..... (3) where the principal, though disclosed, cannot be sued.' the section, in the three exceptions, recognises a personal right of enforcing the contract even though the contract was entered into by him as an agent of a principal. in the case of a merchant resident abroad the inconvenience of suing each a ..... in section 8 is not the same as 'disclosed principal' and ought not to be contrasted with an 'undisclosed principal' familiar under the law of contracts. 'known principal' is used in the section to emphasise that the principal on whose behalf the agent purports to act should not be a fictitious .....

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