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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1919 Page 1 of about 168 results (0.036 seconds)

Jun 20 1919 (PC)

Weld and Co. Vs. Sher Ahmed Ekbal Ahmed and Haji Karim Shethi

Court : Mumbai

Decided on : Jun-20-1919

Reported in : 59Ind.Cas.16

..... the defendant, for a sum of, rs. 55,000, odd. this sum the defendant claims by his third party notice from his uncle, the third party, under a contract or right of indemnity.2. i should say, at the outset, that having regard to 'certain margin moneys, approximately rs. 22,000, which were provided by the defendant and another sum of nearly ..... up partly for the claim of rs. 55,000 and partly (in other proceedings) for the balance of the rs. 82,000. the case accordingly proceeds on a claim for indemnity as regards the rs. 55,000 awarded by the decree in this suit against the defendant, the balance, if any of the total loss being abandoned, but with leave to .....

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Jun 19 1919 (PC)

Weld and Co. Vs. Sher Ahmed Ekbal Ahmad and Haji Karim Elahi

Court : Mumbai

Decided on : Jun-19-1919

Reported in : 59Ind.Cas.12

..... in bombay, because the validity of a third party notice depends on two things, viz., first a hostile suit in court, and secondly, a right to indemnity. the hostile suit be relies on is this very suit filed in bombay. it, teems to me, therefore, that the third party's objection on the ..... defendant. it seems to me that, on that ground alone, a part of the cause of action has arisen in bombay, because, to sue on the contract, it would be necessary for the defendant to prove certain operations carried out in bombay by his instructions.4. mr. setalvad, for the defendants, has taken ..... that the third party thenceforth was to be responsible peculiarly on these contracts. the third party says that the true relation was not that of principal and agent but that of vendor and purchaser, or assignor and assignee. even ..... express agreement of the 21st may 1916, exhibit no. 4. the effect of that agreement was that the third party was to take over the cotton contracts then outstanding between the plaintiffs and the defendant, and that the defendant was to carry out certain instructions of the third party in relation thereto, and ..... , viz., no. 1, is between the defendant and the third party.3. on the first point, the substance of the suit relates to certain cotton contracts on which, as i have said, i have found the defendant is liable to the plaintiffs. as between the defendant and the third party the defendant's .....

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Jun 26 1919 (PC)

Weld and Co. Vs. Sher Mahomed Ekbal Ahmed

Court : Mumbai

Decided on : Jun-26-1919

Reported in : (1919)21BOMLR808

..... as regards solicitor and client costs given against the third party was refused.' the precise form of the order was 'and as to the question of indemnity, declare that the defendant is entitled to be indemnified by the said a.b. against all amounts payable by him under this judgment; and let the ..... defendant. it seems to me that on that ground alone, a part of the cause of action has arisen in bombay, because to sue on the contract, it would be necessary for the defendant to prove certain operations carried out in bombay by his instructions.4. mr. setalvad for the defendant has taken ..... that the third party thenceforth was to be responsible pecuniarily on these contracts. the third party says that the true relation was not that of principal and agent but that of vendor and purchaser or assignor and assignee. even ..... agreement of the 21st may 1916, exh. no. 4. the effect of that agreement was that the third party was to take over the cotton contracts then outstanding between the plaintiffs and the defendant, and that the defendant was to carry out certain instructions of the third party in relation thereto, and ..... no. 1, is an issue between the defendant and the third party.3. on the first point, the substance of the suit relates to certain cotton contracts on which as i have said, i have found the defendant is liable to the plaintiff's. as between the defendant and the third party the defendant' .....

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Oct 31 1919 (PC)

Kolavakolanu Seetanna and ors. Vs. Poddri Narayana Murthi Somayajulu

Court : Chennai

Decided on : Oct-31-1919

Reported in : 57Ind.Cas.982

..... the cause of action can be said to have arisen. beading the clause in questions an indemnity clause, it is only when the plaintiff actually suffered damages he became entitled to sue for reparation. it was not, therefore, until veeraswami brought a suit ..... the debts, he was only bound to pay the amount of debt and interest thereon. but as mr. narayanamurthi points out, under section 124 of the contract act the costs which a man incurs in meeting a litigation are a portion of the damages which he is entitled to recover from the party who is ..... wait till he is damnified. in the present case the covenant was entered into to relieve the 1st defendant and his assignees from all liability for debts contracted on behalf of the family. it is only when a suit was brought by the creditor to enforce an obligation which is binding on the family that ..... alone is entitled to take advantage of it, that it would not pass to an assignee of the 1st defendant and that, consequently, there is no privity of contract between the plaintiff and the 2nd defendant. he relies on mannath veettil itti panku menon v. dharman achan 43 ind. cas 625 : 41 m. 488 : 22 ..... was in the year 1901.2. in 1901 one k. venkata reddi, alleging that there was a mortgage debt due to him from the 2nd defendant who had contracted the debt on behalf of the family, brought a suit, original suit no. 481 of 1901. to that suit the mortgagor, 2nd defendant, was a party. .....

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Jan 23 1919 (PC)

Venkatachallam Pillai Vs. Krishnaswami Pathan

Court : Chennai

Decided on : Jan-23-1919

Reported in : 50Ind.Cas.673

..... the date of the second appeal decree; so that, making every allowance in plaintiff's favour, the claim based on misrepresentation also fails.3. but the claim based on the indemnity bond remains. i agree with the subordinate judge that the language of the bond is wide enough to include loss caused by an adverse title being set up by third ..... .l.t. 262 : 21 c.w.n. 577 : (1917) m.w.n. 368 : 5 l.w. 654 : 19 bom. l.r. 450 : 44 i.a. 65 the claim on the indemnity bond must, therefore, be allowed.5. the bond, however, provides for a payment of rs. 100 only and i do not see how plaintiff can claim to be paid the .....

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Mar 13 1919 (PC)

A. Madurai Chetty and anr. Vs. T. Babu Saheb and anr.

Court : Chennai

Decided on : Mar-13-1919

Reported in : 52Ind.Cas.971

..... dated 7th march 1917, that the mortgage was executed without authority and could not affect the purchasers' rights and that his clients were willing to give an indemnity.5. this was followed up by a letter from another vakil on the vendors' behalf saying, that, since no reply had been received to their ..... vakils' letter dated 21st february, the vendors cancelled the contract. the purchasers' vakil replied in exhibit g, dated 9th march 1917, that the letter dated 21st february 1917 bad not been received, and that the ..... exhibit h, dated 13th march 1917, that the purchasers were not entitled to this, and that his clients had directed him to give notice concealing the contract because the purchasers were insisting on their bringing an, unnecessary suit against the grandson who was a pauper and could not be made to pay costs. ..... time until the 20th to pay the purchase-money and execute the sale-deed and stated that in the event of their' failure to do so, the contract must be regard-, ed as rescinded.7. the purchasers' vakil in exhibit j, dated' 15th march 1917, replied that the purchasers were entitled to ..... signed exhibit i to convert her grandson to a virtuous life is as unworthy of acceptance as his other story that his unwillingness to complete the contract was due to his wife having fallen out of a carriage. whatever the motives with which exhibit i was signed, it might have been used .....

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Jun 09 1919 (FN)

Arizona Employers' Liability Cases

Court : US Supreme Court

Decided on : Jun-09-1919

..... common law requiring the employee to assume all consequences of personal injuries arising out of the ordinary dangers and normal conditions of a hazardous occupation, and to secure his indemnity in advance in the form of increased wages, is incompatible with the public interest because, assuming that workmen are on an equality with employers in a negotiation about the ..... u. s. 161 , and coppage v. kansas, 236 u. s. 1 , this court declared that the fourteenth amendment guarantees to both employer and employee the liberty of entering into contracts for service subject only to reasonable restrictions. "the principle is fundamental and vital." in the first case, an act of congress prohibiting interstate carriers from requiring one seeking employment, as ..... away his life or his personal security; indeed, the right to these is often declared, in bills of rights, to be 'natural and inalienable,' and the authority to prohibit contracts made in derogation of a lawfully established policy of the state respecting compensation for accidental death of disabling personal injury is equally clear. . . . this statute does not concern itself ..... of requiring the employee to assume all consequences, both personal and pecuniary, of injuries arising out of the ordinary dangers of the occupation is that the parties enter into the contract of employment with these risks in view, and that the consequences ought to be, and presumably are, taken into consideration in fixing the rate of wages. chicago, milwaukee .....

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Oct 31 1919 (PC)

Kalavakolanu Seetamma and ors. Vs. Poduri Narayanamurthi Somayajulu

Court : Chennai

Decided on : Oct-31-1919

Reported in : (1920)43MLJ470

..... the cause of action can be said to have arisen. regarding the clause in question as an indemnity clause it is only when the plaintiff actually suffered damages he became entitled to sue for reparation, it was not therefore until. veeraswami brought a suit to ..... pay the debts he was only bound to pay the amount of debt and interest thereon. but as mr. narayanamurthi points out under section 124 of the contract act the costs which a man incurs in meeting a litigation are a portion of the damages which he is entitled to recover from the party who ..... wait until he is damnified. in the present case the covenant was entered into to relieve the first defendant and his assignees from all liability for debts contracted on behalf of the family. it is only when a suit was brought by the creditor to enforce an obligation which is binding on the, family that ..... wait until he was damnified. in the first place the english cases refer to two classes of covenants one covenant which is in the nature of a contract for the breach of which there would be a cause of action at once; the second which is in the nature of a stipulation for quiet enjoyment ..... alone is entitled to take advantage of it, that it would not pass to an assignee of the first defendant and that consequently there is no privity of contract between the plaintiff and the second defendant. he relies on ittipanku menon v. dharman achan i.l.r. (1890) mad. 488 in which a majority of .....

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Dec 10 1919 (PC)

The Madras and Southern Maharatta Railway Company Limited Vs. Matti Su ...

Court : Chennai

Decided on : Dec-10-1919

Reported in : (1920)38MLJ360

..... in consideration of a lower charge than that which is normally payable and which respondent's consignor could have paid, if he desired a full indemnity, is oppressive. for these reasons i hold that respondent can recover only if his bale of gunnybags is entirely deprived of value.9. the ..... three words mentioned by me. all the four words are placed seriatim in the earlier portion. but when it comes to imposing liability, notwithstanding the contract to the contrary, the draftsman has used the word 'loss' alone and has left out the words 'destruction, deterioration and damage.' i take it ..... proposition that a common carrier cannot exempt himself from liability for negligence if such an exemption would be inconsistent with the provisions of the indian contract act. the first observation with reference to this dictum is that the learned judge was dealing with the case of a carrier by sea. ..... alternative construction of exhihit b, that proposed by the railway and already referred to as consistent with ordinary parlance. it is said that an unreasonable contract results from it. but the form, has, as the act requires, been approved by government, and it has not been shown how the acceptance ..... afford reasonable compensation, without reference to their loss or retention of their merchantable character. it is next material that in the present case the contract embodied in the risk note exhibit b was made in consideration of the railway's acceptance of a reduced charge; and it therefore cannot be .....

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Dec 10 1919 (PC)

The Madras and Southern Maharatta Railway Company, Limited Vs. Mattai ...

Court : Chennai

Decided on : Dec-10-1919

Reported in : 55Ind.Cas.754

..... of a lower charge than that which is normally payable and which respondent's consignor could have paid, if he desired a full indemnity, is oppressive. for these reasons i hold that respondent can recover only if his bale of gunny bags is entirely deprived of value.9. the lower court must, therefore, submit ..... were relied on for the proposition that a common carrier cannot exempt himself from liability for negligence if such an exemption would be inconsistent with the provisions of the indian contract act. the first observation with reference to this dictum is that the learned judge was dealing with the case of a carrier by sea. the principles applying to carriers by ..... entails acceptance of the only alternative construction of exhibit b, that proposed by the railway and already referred to as consistent with ordinary parlance. it is said that an unreasonable contract results from it. but the form has, as the act requires, been approved by government, and it has not been shown how the acceptance of a smaller responsibility in consideration ..... have merely sustained deterioration, as would afford reasonable compensation, without reference to their loss or retention of their merchantable character. it is next material that in the present case the contract embodied in the risk note, exhibit b, was made in consideration of the railway's acceptance of a reduced charge; and it, therefore, cannot be regarded as intended to increase .....

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