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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: mumbai Year: 1969 Page 1 of about 45 results (0.035 seconds)

Sep 10 1969 (HC)

In Re: British India General Insurance Co. Ltd.

Court : Mumbai

Decided on : Sep-10-1969

Reported in : AIR1971Bom102

..... to the heading of the policy and the terms thereof, it will be one of the questions to be decided whether it contains a mere contract of indemnity or whether it is a simple contingency insurance under which consequential loss has been specifically insured without further inquiring into the actual amount of loss sustained ..... costs were incurred by him towards the costs of advertisement.12. the first question that arises in this petition is whether the policy contains a contract of indemnity or whether it is a special contingency policy as shown by the heading thereot the operative part of the policy is in the form. 'the ..... directions be given by the court5. on the other hand, mr. nari-man on behalf of the company contended that the policy merely contained a contract of indemnity; that it was not a consequential loss policy which specifically insured profits. he urged that the present policy was issued in favour of the petitioner ..... on behalf of the petitioner contended that the policy taken by the petitioner from the company was a special contingency policy; that it was not a contract of indemnity; that upon the happening of the event specified in the policy, it was obligatory upon the company to pay the sum of rs. 65,000 ..... not later than the end of february 1969. it is the petitioner's case that upon a true construction of the policy, it constitutes a contract between the petitioner and the company inter alia to pay a sum of rs. 65,000/- in the event of the happening or materialisation of .....

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Jan 24 1969 (HC)

Southarn Chemical Works Vs. Mohamed HuseIn FakruddIn Maniar

Court : Mumbai

Decided on : Jan-24-1969

Reported in : AIR1970Bom128; (1970)72BOMLR156; ILR1970Bom645

..... its monthly profit would have been rs. 7,000. the learned trial judge has estimated the damages at rs. 20,527.13. where breach of contract has been established, the plaintiff is undoubtedly entitled to claim damages from the defendant. the plaintiff is, however, expected to take steps to mitigate his ..... out after the licence was received. it was only in august 1959 when probably the defendant got some better temptation from others that he terminated the contract with the plaintiff. in our view therefore, the plaintiff is clearly entitled to claim damages.12. the next question is what should be the ..... of the subsequent restrictions but that an obligation to apply for a licence lay upon the buyers who could not refuse to perform their part of the contract merely by alleging inability. same principle has subsequently been followed in taylor and co. v. landauer and co. (1940) 4 all er 335.9 ..... 's suit saying that the court had to enforce the terms of the contract enjoining upon the defendant to make the necessary application to the chief commissioner for the required sanction and it would then be for the chief ..... by the government. the vendor-appellant could not have sold the house without the permission of the government. as the vendor refused to complete the contract on that ground, the respondent filed a suit. the trial court dismissed the suit. the respondent appealed to the high court who decreed the plaintiff .....

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Feb 05 1969 (HC)

National and Grindlays Bank Ltd. Vs. the Municipal Corporation

Court : Mumbai

Decided on : Feb-05-1969

Reported in : (1970)72BOMLR112

ramaswami, j.1. the question of law involved in this appeal is whether the primary liability is imposed on the appellant under the bombay municipal corporation act, 1888 (act no. iii of 1888) to pay property taxes to the respondent, i.e., the municipal corporation of greater bombay in respect of land owned by the appellant and let on a monthly basis to a third party who has constructed a building thereon.2. the appellant is a banking company incorporated in the united kingdom and has established places of business in india. the appellant is the sole trustee of the estate of the late mr. f.e. dinshaw and in that capacity is the owner of a plot of land at manchubhai road, malad, greater bombay in the state of maharashtra, bearing no. p-ward no. 6418, street no. 299b. the said plot of land had been leased by the former trustee of the estate to one mr. r. r. pande (hereinafter referred to as the lessee) since a number of years at a monthly rent of rs. 12.50. the lessee had constructed at his own cost a tiled house on the said plot of land. the malad area merged into greater bombay on february 1, 1957. upto the date of the merger the malad district municipality was assessing and levying taxes on the land and the structure separately and recovering the same from the landlord and the tenant. after the merger, the bombay municipal corporation issued a notice to the appellant under section 167 of the act informing him that the assessment book had been amended by inserting the name of .....

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Feb 26 1969 (HC)

Dhirajlal Valji Kotak Vs. Ramchandra Janglaji Gujar and anr.

Court : Mumbai

Decided on : Feb-26-1969

Reported in : AIR1970Bom290; (1970)72BOMLR436; 1970CriLJ1062; ILR1970Bom1074; 1970MhLJ93

..... to accept the proposal but it may not necessarily follow that where that other person had no choice but to accept the proposal the transaction would never amount to a contract. apart from this we need not, however, consider this argument because throughout the case was argued on the footing that the transaction was a 'sale'. that was evidently because here ..... court:, it was argued before the supreme court that a sale for sample is not a sale which partakes of the usual nature of sale, namely, that it is a contract voluntarily entered into, and that therefore it cannot be held to be a sale within the meaning of the act. the supreme court referred to several madras decisions under the ..... sample tender of the price thereof and then proceeded to repel the contention by observing:'but mr. anthony contends that a contract must be consensual and that this implies that both the parties to it must act voluntarily. no doubt a contract comes into existence by the acceptance of a proposal made by one person to another by that other person. that .....

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Apr 09 1969 (HC)

Anandkumar Parmanand Kejriwala and anr. Vs. Kamaladevi Hiralal Kejriwa ...

Court : Mumbai

Decided on : Apr-09-1969

Reported in : AIR1971Bom231; (1969)71BOMLR801; ILR1971Bom264

..... great number of proceedings for which the parties had to pay although they furnished no ultimate decision of their rights. the intention of the legislature in giving effect to the contract of the parties, and saying that one of them should be entitled to make an application to insist that the matter should he referred according to the original agreement, was ..... and making of a decree. 4. under the arbitration act the arbitrator is given the power to decide the dispute if there is an agreement to this effect in a contract. the disputes may be referred to arbitration in various ways as provided therein i.e., independently of court or at the direction of the court or in a pending suit .....

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Apr 24 1969 (HC)

M.R. Pillai Vs. Motilal Vrijbhukhandas and ors.

Court : Mumbai

Decided on : Apr-24-1969

Reported in : AIR1970Bom324; (1969)71BOMLR619; 1970CriLJ1216; ILR1970Bom184

..... these cases there were special provisions under the respective special enactments which would override the general provisions of the criminal procedure code. that is not the case under the forward contracts (regulation) act, 1952 which lays down that certain offences are cognisable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... can the police arrest the accused without warrant but investigate the offences under chapter xiv of the criminal procedure code, in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regu ..... 25, 1969, he framed charges in the 8 cases against the respective accused, the particulars of which are briefly stated above, for contravening the provisions of the forward contracts (regulation) act, 1952. 6. the very contentions which were urged before the learned presidency magistrate are urged in the above revision applications challenging the said order dated march ..... c. i. d. bombay suspecting mat certain firms of bullion traders of zaveri bazar were conducting illegal forward trading in silver in contravention of section 17 of the forward contracts (regulation) act, 1952 read with the aforesaid notification, raided the premises belonging to 8 firms suspected to be contravening the act. during the raid, 47 persons including .....

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Apr 24 1969 (HC)

Dinkar Keshav Bedbkar Vs. the State of Maharashtra

Court : Mumbai

Decided on : Apr-24-1969

Reported in : (1969)71BOMLR867; 1970MhLJ364

..... governed by article 311(2) for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the case of a temporary government servant or a servant holding higher rank temporarily to which he has no right. in short a preliminary enquiry is ..... or other disqualification may be the motive or the inducing factor which influences the government to take action under the terms of the contract of employment or the specific service rule, nevertheless, if a right exists, under the contract or the rules, to terminate the service the motive operating on the mind of the government is wholly irrelevant.in the next paragraph .....

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Apr 24 1969 (HC)

Motilal Vijbhukhandas Vs. M.R. Pillai

Court : Mumbai

Decided on : Apr-24-1969

Reported in : 1969MhLJ875

..... cases there were special provisions under the respective special enactments which would override the genera revisions of the criminal procedure code. that is not the case under the 1, ward contracts (regulation) act, 1952, which lays down that certain offences are cognizable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... relied on for the conclusion of the learned judge that section 165 of the criminal procedure code was not available for an investigation by the police of an offence under the forward contracts (regulation) act, 1952. the learned judge has further referred to collector of monghyr v. keshav prasad : [1963]1scr98 , and dhirendra, nath v. sudhir chandra : [1964]6scr1001 ..... can the police arrest the accused without warrant but investigate the offences under chapter iv of the criminal procedure code. in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regulating ..... and this raid and search of the papers belonging to the accused was illegal because the police had not applied for a search warrant under section 22a of the forward contracts (regulation) act, 1952. the learned presidency magistrate overruled this contention following an unreported judgment by mr. justice chitale and mr. justice palekar in state of maharashtra v. .....

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Jun 26 1969 (HC)

Dr. G.D. Bendale Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jun-26-1969

Reported in : (1970)72BOMLR47; 1970MhLJ313

..... exempting premises used for agricultural purposes the exemption is withdrawn from the premises used for residential and office purposes.10. in the case of harrow school governors and murray's contract, the harrow public school had purchased a property and was maintaining it as a sanatorium for the students of the school. in connection with the purchase and/or assurance made ..... , nursing homes and educational institutions including a residential hostel for students. in that connection, reliance is placed on the observations in the case of harrow school governors and murray's contract in re. [1927] 1 ch. d. 556 and also on the observations of kajiji, j., in the case of monie v. scott : air1918bom88 . reference is also made to the discussion .....

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Jul 24 1969 (HC)

Dadarao Son of Kashiram and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Jul-24-1969

Reported in : AIR1970Bom144; (1970)72BOMLR246; ILR1970Bom540; 1969MhLJ813

padhye, j. 1. the facts in the two cases slightly differ, but that does not make any difference in the legal position to be considered in these two cases and hence both these special civil applications are disposed of by this common judgment.2. in special civil appln. no, 1026 of 1966 one parwatabai, wife of pundlikrao gawande, owned 114 acres and 38 acres of land at various village in taluq akot, district akola the ceiling area for dry crops land in this area is 78 acres. that was the land held by parwatabai as on 4-8-1959 and she continued to hold the same till 26-1-1962. parwatabai submitted the return, as required by section 12 of the maharashtra agricultural lands (ceiling on holdings) act, 1961 (hereinafter called the ceiling act) on 26-7-1962. on this return enquiry was started by the deputy collector, akot and during the pendency of this enquiry, the holder parwatabai died on 3-9-1963, before her death, however, she executed a will on 1-9-1963 under which the present petitioners dadarao, sons of kashiram and janabai wife of rambhau were made the legatees of this area. on the death of parwatabai janabai and dadarao both contended that each of them held an area less than the ceiling area and no land which was originally held by parwatabai was liable to be declared as surplus land. as regards parwatabai the surplus land which could be delimited came to 38 acres and 4 gunthas in accordance with section 21 of the ceiling act. the deputy collector rejected the contention of .....

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