Court : Kolkata
Reported in : (1880)ILR5Cal811
..... indemnify is to be implied. then by article 83 of the first division of the second schedule of the limitation act (xv of 1877), limitation in the case of a contract of indemnity runs from the date when the plaintiff is actually damnified. in the present case, therefore, limitation began to run when the administrator-general recovered against the plaintiff, and the ..... present is clearly pointed out by quain, j., in baxendale v. london, chatham, and dover railway co. (l.r., 10 ex., 35): 'if this were a contract of indemnity, where although there may be two contracts in form there is only one in substance, our decision might be in favour of the plaintiff. in such a case a surety, who is called upon ..... well be justified in defending an action at the principal's expense.'in the case of contracts of indemnity, the liability of the party indemnified to a third person is not only contemplated at the time of the indemnity, but is the very moving cause of that contract; and in cases of such a nature there is a series of authorities to the effect ..... proceedings are taken to enforce the contract against such third persons, and it turns out that the guarantor had no such authority, the costs are recoverable against him: collen v. wright (7 e. & b., 301; s.c. on appeal, section e. & b., 647), godwin v. francis (l.r., 5 c.p., 295). in cases of indemnity it has been so held in .....Tag this Judgment!
Court : Kolkata
Reported in : (1904)ILR31Cal798
..... of the license as if it were transferred to him, he agreeing to hold the plaintiff indemnified from all claims and demands made in respect of the business. the contract of indemnity is therefore a vital and necessary part of the arrangement and essential for the purpose of allowing the defendant to use the plaintiff's name. section 11 says no person ..... defendant is permitted to use the plaintiff's name and license and carry on business in every way uncontrolled by the plaintiff as if he were the licensee himself. the contract of indemnity is the means used to gain this end. the license is not to be transferred, and so far the plaintiff's responsibility in the eye of the law continues ..... . the plaintiff on the other and relies on the fact that the suit is based on an indemnity which, it is contended, is separable from the rest of the contract, and it is said that, even if the monthly instalments are not recoverable by reason of the contract being illegal, there is nothing in the excise law to prevent his recovering under the ..... indemnity the sum due thereunder. it seems to me that it is impossible to differentiate the claim in respect .....Tag this Judgment!
Court : Kolkata
Reported in : (1911)ILR38Cal28
..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this he maintained was an independent contract of indemnity which therefore should be construed strictly against the manufacturing company as the insurers. his argument was this 'i am not seeking to escape from my ..... it could be reasonably assumed that the manufacturing company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.19. it thus only remains for me to deal with the contention based on the contents of ..... 'the general law (and it is obvibus justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on s land or any other contract of indemnity), and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled, to the recouped by having that amount back.'18. if then the manufacturing company had recovered damages from the carrying company before ..... , is not a bilk of lading, but a contract between common carriers and intending shippers, and clause 10 is not an independent contract of indemnity, but an integral part of this contract as to carriage and must be so construed. indeed, if it were an independent contract in the, sense for which mr. mitter contends .....Tag this Judgment!
Court : Kolkata
Reported in : 9Ind.Cas.364
..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this, he maintained, was an independent contract of indemnity which, therefore, should be construed strictly against the manufacturing company, as the insurers. his argument was this i am not seeking to escape from my ..... it would be reasonably assumed that, the manufacturing-company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.20. it thus only remains for me to deal with the contentions based on the contents of ..... : 'the general law (and it is obvious justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on land or any other contract of indemnity) and a loss happens anything which reduces or diminishes that loss reduces or diminishes the amount ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled to be recouped by having that amount back.'19. if then the manufacturing company had recovered damages from the carrying company, before payment ..... a bill of lading, but it is a contract between common carriers and intending shippers and clause 10 is not an independent contract of indemnity but an integral part of this contract as to carriage and must be so construed. indeed if it were an independent contract in the sense for which mr. mitter .....Tag this Judgment!
Court : Kolkata
Reported in : 16Ind.Cas.73
..... in coming to this conclusion, i do not overlook the contention that the statute of limitation constitutes a bar to this suit. but as the contract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but even if it be taken that article 83 alone is the ..... we have in the express agreement of the parties themselves a fair measure of the extent of this indemnity for which they contracted. that amount is manifestly in excess of the damages awarded to the plaintiff by the court of first instance where a decree for rs. ..... an appeal; therefore, that amount cannot be increased by us, and it is only for us in these circumstances to hold, as we do, that the indemnity extended at least to the amount of rs. 425: and we must, accordingly, reverse the decree of the district judge and restore that of the munsif ..... is, i think, by these considerations that we should be guided in this case. there may be some difficulty in determining the precise extent of the indemnity to which the vendor was entitled from the purchaser of the equity of redemption, having regard to the fact that only a part was purchased. but ..... value of that equity of redemption, he contracts to protect his vendor from the obligation of the mortgage. the buyer's contract with the mortgagor is that the debt shall not fall upon him. it is a contract of indemnity and the buyer would be bound without any specific contract to indemnify the seller. tweedale v. tweedale .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1925Cal609
..... there was any other material discrepancy between the order and the performance in an essential particular. it appears to me that these contracts have to be looked at not merely as contracts involving the general principle of indemnity but as contracts with respect to which there is a particular arrangement between the parties as to the time when and the conditions upon which the ..... the shipment was to be at new york, in my judgment this stipulation must be regarded as one which went to the root of the contract and which must be performed before the plaintiffs could claim indemnity from the defendants.41. no information was forthcoming as to whether the shipment at montreal instead of at new york would have involved the defendants ..... once the conclusion is arrived at that the stipulation that the shipment should be at new york was of the essence of the contract and was one which the plaintiffs were bound to perform before they could claim indemnity from the defendants.43. no doubt the employer of an agent is bound to indemnify him against the consequences of all lawful acts ..... for varying the port of shipment, nevertheless the agent has part performed the duties which he undertook by the contract of agency and, therefore, the stipulation as to port of shipment cannot be regarded as something which disentitles him altogether to his indemnity, but must be regarded as something which at the worst entitles the principal to make some deduction corresponding to .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1929Cal208,118Ind.Cas.882
..... lord justice was there expounding the doctrine of the common law, which he recognized was different to the rule in equity. moreover in that case the right of indemnity did not arise from contract but from a trust and the learned judge goes on to say at p. 714:it would not be right for a trustee to obtain money from this ..... p. 486 says:moreover, i think this decision follows logically on the manner in which courts of equity had given effect to contracts of indemnity. in many cases they had ordered the indemnifier to pay the debt against which the indemnity had been given though nothing had been paid by the person indemnified. cruse v. paine  4 ch. 441 is an example ..... law would not in any way have recognized. equity has always taken a wider and more liberal view of these rights of indemnity than the old common law courts did. it is settled at common law that, given a contract of indemnity, no action could be maintained until actual loss had been incurred. the common law view was first pay and then come ..... the learned judge. i do not think that the contention of the respondents is sound. how the person who receives payment of a sum of money under a contract of insurance or re-insurance, or, i will add, of indemnity, deals with that sum is, in general and apart from special considerations, no concern of the party who, in fulfilment of his .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1929Cal315
..... consistent with justice, equity and good conscience: magniram v. mehdi hossain khan  31 cal. 95. the right to contribution though an equitable right arises out of an implied contract of indemnity between the parties liable for the same debt. this contractual obligation attaches to each of the persons liable to satisfy the common debt. but this right is not confined to .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1933Cal759
..... was in the transactions in question an agent, and that as an agent ho is entitled to his commission and also to an indemnity on account of loss incurred in entering into other contracts upon the mandate of his employer, the plaintiff; 2. he contends, secondly, that the very possibility of 'common intention' to ..... law, an agent and not a principal. in the former case, the plaintiff, apart from any special statute, would be entitled to his indemnity whether the contract he procured was not of a wagering nature; 2. mr. b.c. ghose's second point may be illustrated by the following example. by ..... this question became of practicable importance during the inquiry as to damages ordered by page, j. the defendant contended that the plaintiffs were entitled to an indemnity only: cassaboglou v. gibb (1883)11 qbd 797. the view taken by the plaintiffs was that the case had travelled in a complete circle and ..... circumvent the defence, sought to amend by pleading in the alternative that they were agents and therefore notwithstanding any default by the shippers entitled to an indemnity. mr. pugh for the plaintiffs propounded the view for which mr. ghose is now contending and relied on observations of lord blackburn in the two ..... failure to take delivery. it was held that b had not created privity of contract between a and 0 the foreign supplier, yet it was held that b could not recover against a except on the basis of indemnity. this result appeals to me difficult to reconcile with the view taken by the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1938Cal151
..... court of appeal below in respect of defendant 2 appears to be right.3. the next point taken by the learned advocate is that the contract of indemnity made in this case was against public policy having a tendency to induce the telegraph authorities to give the advantage of a public utility service ..... constitutional rights with corresponding constitutional duties imposed on the state. for the discharge of those duties, the state cannot bargain with the subject through contract. a contract between the subject and the state by which the state is to get money from the subject for the discharge of any of its constitutional ..... extend their custom to the office make their promises that the office will pay, the authorities ask them to make good their word by executing an indemnity bond, that is to say in the event of losses those men will be asked to make good the loss. on a plain view of ..... be also protected from criminal attacks. the state is under the constitutional obligation to afford protection to the person and property of its subjects. any contract therefore by which the subject has to pay the state for the state affording him such protection is against public policy. the subject is not ..... by the plaintiff from the action of defendant 2 cannot be ascertained until action has been taken by the plaintiff against the other five persons who contracted with the plaintiff. in nay opinion that argument is not correct. the defendant, along with five other persons, signed a bond demanded by the .....Tag this Judgment!