Court : Chennai
Decided on : Oct-11-1917
Reported in : AIR1918Mad358; 43Ind.Cas.124
..... taken by the decision in nallappa reddi v. vridhachala reddi 25 ind. cas 888. it is there pointed out by the learned judges that where a person to whom an indemnity was given takes steps which are necessary for laying the foundation for a future claim honestly and with the best of intentions, he is entitled to le indemnified. in my ..... conclusion that exhibit a was completely discharged and that the plaintiff was not entitled to re-cover anything. thereupon the present suit was instituted to enforce the terms of the indemnity contained in exhibit, b. various defences were raised by the defendant, and one of them was that in the previous litigation the plaintiff acted in collusion with the defendant. the ..... said that his failure to summon him as a witness amounted to culpable negligence on his part so as to disentitle him to sue on the indemnity clause. in my opinion, the language of the indemnity clause is satisfied when an honest litigation is conducted by the plaintiff and when he seriously puts forward his case before the munsif. the result of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-14-1917
Reported in : AIR1918Mad716; 42Ind.Cas.509
..... the 30th august 1910 and such claim was rightly dismissed as he had no right to claim the rs. 1,700 till the defendants dispensed with the indemnity bond.15. as the english cases do not deal clearly with the difficult questions whether where the title to only a fraction of the property sold was ..... the nature of the transaction to have been performed first, before he could claim the balance of purchase-money. the obligation of the plaintiff to give the indemnity bond ceased only when the 1st defendant dispensed with it in august 1910. (see judgment exhibit d-1). the plaintiff claims interest in this suit only till ..... 1 in the following ways: (a) the plaintiff's promise to execute the sale-deed was to be performed on the very same day, (b) an indemnity bond was to be executed the next day by plaintiff and (c) the payment of the balance of the purchase-money was to be made at the time ..... rightly dismissed.12. on the second question, i think that the plaintiff's default in executing the indemnity bond disabled him from insisting upon the payment of the balance of the purchase-money. sections 52 and hi of the contract act are as follows:16. 52. where the order in which reciprocal promises are to be ..... of the contract.14. i think the nature of the modified contract for sale of land proved by the 1st defendant is such that the plaintiff cannot claim to be paid rs. 1,700 at the time of the registration of exhibit a, as he had not performed his promise to execute the indemnity bond which .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-29-1917
Reported in : (1917)19BOMLR650; 42Ind.Cas.9
..... costs of the suit. this caste fund has, however, long since been exhausted and i do not think this resolution confined shankar's right of indemnity to this particular fund. if wise counsels had prevailed in the caste the proper course would seem to have been to have paid the liability which ..... this, they might well have thought that shankar would have been entitled to an indemnity by the caste on the same lines as an ordinary agent would be entitled to indemnity under section 222 or 223 of the indian contract act. indeed the caste seem to some extent to have recognized their obligation for ..... have quoted. accordingly after consideration of the case as a whole i think that i can and that i ought to apply section 70 of the indian contract act, although in the present case the 'another person' mentioned in section 70 consists of this large caste. i think however it would be unfair ..... 2 k.b. 1021, lord justice moulton, differing from lord justice buckley, thought that the plaintiff could not sue for himself and all other cargo owners for breach of contract in connection with the carriage of goods by sea. there, after quoting lord macnaghten in bedford (duke of) v. ellis (1901) a.c. 1 viz. : ..... discretion they enable the courts to do substantial justice in oases where it would be difficult to impute to the persons concerned relations actually created by contract.18. now in the present ease it is clear that what the plaintiff did was lawful. further he did this in my opinion for the caste .....Tag this Judgment!
Court : Chennai
Decided on : Apr-03-1917
Reported in : AIR1918Mad411(1); 43Ind.Cas.551
1. we agree with the learned judge who heard the civil revision petition in thinking that the respondent was equitably entitled to protection on the facts of this case, as the question between the parties whether there was good consideration for the promissory note could not be finally decided so long as the respondents-vendors' title to the land which formed the consideration was in jeopardy in another suit.2. in milligan v. cooke (1808) 33 e.r. 884 the court of chancery in england ordered an indemnity to be given in a suit for specific performance of an agreement of a contract of sale of property the title to which might have become defective owing to a future contingency, and no illegality has been shown to us to a court in india adopting a similar course when the equities arising between the parties demand it.3. we decline to interfere and we dismiss this letters patent appeal with costs.Tag this Judgment!
Court : Chennai
Decided on : Oct-30-1917
Reported in : AIR1918Mad88; 45Ind.Cas.638
..... , j., held that an offer to pay such amount as may be due on a settlement of account, if the payee would execute an indemnity bond, is not a valid tender. to use the language of the contract act, in that case there was no unconditional tender. in subbai goundan v. palani goundan 34 ind. cas. 825 where a tender of money ..... .5. the principle to be borne in mind, especially in this country, is that the parties should be given an opportunity of making a bona fide attempt at performing the contract. if that requirement is complied with, the rights of the parties should not be defeated by technicalities. of course, if the law imposes conditions, we are not at liberty to ..... as to tender and deposit. it is to be remembered that the rule as to tender is a part of the law as to the performance of a contract. section 38 of the contract act, which uses the term offer, lays down three conditions. the offer must be unconditional; it must be made at a proper time and place; and the thing .....Tag this Judgment!
Court : Chennai
Decided on : Oct-30-1917
Reported in : (1918)34MLJ439
..... , j. held that an offer to pay such amount as may be due on a settlement of account if the payee would execute an indemnity bond, is not a valid tender. to use the language of the contract act, in that case there was no unconditional offer. in subbai goundan v. palani goundan : (1916)30mlj607 where a tender of money which was ..... .5. the principle to be borne in mind, especially in this country, is that the parties should be given an opportunity of making a bond fide attempt at performing the contract. if that requirement is complied with, the rights of the parties should not be defeated by technicalities. of course, if the law imposes conditions, we are not at liberty to ..... as to tender and deposit. it is to be remembered that the rule as to tender is a part of the law as to the performance of a contract. section 38 of the contract act which uses the term ' offer' lays down three conditions. the offer must be unconditional; it must be made at a proper time and place; and the thing .....Tag this Judgment!
Court : Chennai
Decided on : Apr-07-1917
Reported in : AIR1918Mad300; 43Ind.Cas.760; (1917)33MLJ631
..... sign the promissory note as executrix or obtained a. charge from her on that estate. if he wanted to be subrogated to her right to indemnity and to have the extent of it ascertained, he should have framed his plaint in the present suit accordingly (assuming that the indian procedure allows ..... action. in raybould v. turner (1900) 1 ch. 199 the remedy of proceeding against the estate on the basis of the trustee's right of indemnity was sought after the passing of a personal decree against the trustee by taking out in the chancery division a fresh 'summons for the purpose of ..... the trust: (4) an executor who has incurred liabilities or spent moneys in the due course of administration is entitled to the right of exoneration, indemnity or retainer as against the estate : (5) a creditor who has no legal claim against the estate is entitled in equity to enforce on his ..... has been dealt with in numerous cases.10. the authorities which i shall refer to show that (1) ordinarily a decree de bonis testatoris will be passed in all cases where the testator is personally liable or the contract of the executor arises out of a contract with or ..... contracts personally entered into by him he should be sued in his character as legal representative so as to enable the creditor to pursue his remedies directly against the estate or in his personal character, the creditor being afterwards left to work out his rights by being subrogated to the executor's right of retainer or indemnity .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-04-1917
Reported in : AIR1917Bom132; (1917)19BOMLR615; 41Ind.Cas.261
..... the 1st plaintiff has been obliged to pay the calls on the said shares as aforesaid; and that in any event the plaintiffs have been deprived of their rights to indemnity against a purchaser.2. the suit was dismissed in the trial court on the ground that the plaintiffs had received full consideration for the shares and that there was no ..... action. according to the decision of the house of lords in honldsworth v. city of glasgow bank (1880), 5 app. cas. 317 (an action based upon misrepresentation) a share-holder contracts to contribute a certain amount to be applied in payment of the debts and liabilities of the -company and it is inconsistent with his position as a shareholder, where he ..... principle was applied in in re addle-stone linoleum company (1887) 37 ch.d. 191, where persons upon being registered as shareholders sought to recover as damages for breach of contract or otherwise in respect of the issue of fully paid up shares the amount which they had had to pay as contributories in the winding up upon shares which were ..... proof is a dividend in respect of the 2 10 s. per share which they have been compelled to pay in the winding-up. but as share-holders they have contracted that they will pay this money and that it shall be first applied in payment of the creditors whose debts are not due to them as members of the company .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-13-1917
Reported in : AIR1917Bom34; (1917)19BOMLR878; 43Ind.Cas.258
..... as the plaintiff set out to prove.6. as regards the defendant's counter-claim, that appears to me to be entirely without foundation. there is no implied warranty in contracts of leasing and it is not pretended that the landlord has broken any special covenant in the lease. as, therefore, i hold that the defendant committed no voluntary waste and ..... the defendant against any claim which moghibai may establish against him. for the reason given in the foregoing judgment it necessarily follows that he is not entitled to any such indemnity.8. the suit and counter-claim both dismissed with all costs.Tag this Judgment!
Court : US Supreme Court
Decided on : May-21-1917
..... kentucky practice that the appearance of a party on appeal operates as a waiver of a claim of want of jurisdiction over his person ( western life indemnity co. v. rupp, 235 u. s. 261 ), applied to the court below for a writ of prohibition directed to the trial judge to ..... it was insisted the court was without jurisdiction (a) because when the accident occurred the company and the plaintiff were engaged in work under a contract with the united states government; (b) because the cause of action arose on land acquired by the united states by purchase or condemnation with the ..... the united states by purchase or condemnation from the state of kentucky with the consent of its legislature. while most of the work under the contract was performed on the land thus acquired, the earth and rocks excavated in the construction of the canal were hauled over railroad tracks laid by ..... the case is stated in the opinion. mr. chief justice white delivered the opinion of the court: in july, 1914, one haines sued the ohio river contract company, the plaintiff in error, and swisher, one of its employees, in the circuit court of jefferson county, kentucky, to recover damages resulting from personal ..... of the state of kentucky syllabus the fact that personal injuries sued for occurred while plaintiff was employed on work which defendant was performing under contract with the united states does not prevent a state court from entertaining the action. an indiana corporation, in constructing a canal for the united .....Tag this Judgment!