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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1934 Page 16 of about 158 results (0.071 seconds)

Dec 17 1934 (FN)

Schumacher Vs. Beeler

Court : US Supreme Court

Decided on : Dec-17-1934

schumacher v. beeler - 293 u.s. 367 (1934) u.s. supreme court schumacher v. beeler, 293 u.s. 367 (1934) schumacher v. beeler no. 215 argued november 16, 1934 decided december 17, 1934 293 u.s. 367 certiorari to the circuit court of appeals for the sixth circuit syllabus 1. section 23(b) of the bankruptcy act, as amended, operates as a grant of jurisdiction to the district court of suits brought by trustees in bankruptcy against adverse claimants, provided the defendants consent to be sued in that court, although the suits be such that the bankrupts could not have brought them in that court if the proceedings in bankruptcy had not been instituted. p. 293 u. s. 371 . 2. of suits falling within the exceptions specified in 23(b) -- namely, suits for the recovery of property under 60(b), 67(e), and 70(e) -- the district court has jurisdiction without the defendants' consent. p. 293 u. s. 376 . 71 f.2d 831 affirmed. certiorari to review a decree reversing a decree of the district court which dismissed the cause for want of jurisdiction. this was a plenary suit by a trustee in bankruptcy against a sheriff to enjoin the sale of property of the bankrupt under an execution from a state court. page 293 u. s. 368 mr. chief justice hughes delivered the opinion of the court. in granting the writ of certiorari, we limited our review to the question of the jurisdiction of the district court under 23(b) of the bankruptcy act. that provision, and its immediate context, 23(a), are set forth in .....

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Dec 19 1934 (PC)

Chava Ramanayudu Vs. Suryadevara Seetharamayya and ors.

Court : Chennai

Decided on : Dec-19-1934

Reported in : AIR1935Mad440; 155Ind.Cas.544; (1935)68MLJ570

..... by the first defendant. the district judge held that since the license relating to the year in question had not been produced, there were no grounds for saying that the contract of partnership was illegal. the license, however, was produced in second appeal and was sought to be admitted in evidence* but anantakrishna aiyar, j. refused to allow it to be ..... the retrial, the first defendant put in an additional written statement contending that the partnership in question was illegal and opposed to public policy. the district munsif found that the contract of partnership was illegal and opposed to public policy. the district judge on appeal reversed the decision and the case came up on second appeal before anantakrishna aiyar, j. the ..... ! of odgers and madhavan nair, jj., plaintiff lent a sum of money on a promissory note to a partnership. the partnership consisted of defendants 1 to 3 and took a contract of sale of arrack in certain shops and borrowed money from the plaintiff for the purpose of that business. first of all, in the opinion of odgers, j., the business ..... and c on the other being to enable c to sell opium without a license, an act directly forbidden by the opium act and made penal by it, that the contract being intended to enable c to do-what was forbidden by law was unlawful and void, that the provisions of the abkari and opium acts are not intended, merely to .....

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Dec 19 1934 (PC)

Ghisulal-ganeshi Lal Vs. Gumbhirmull-pandya and anr.

Court : Kolkata

Decided on : Dec-19-1934

Reported in : AIR1938Cal377

..... could not be assigned. it is true that sunderlal was not a partner in the real sense, because being a minor, he could not contract (section 11, contract act). but he had a right to benefit in the partnership under section 247. in sanyasi charan mandal v. krishnadhan banarji (1922) 9 air ..... if accounts were necessary to be taken, the infant sunderlal and the insolvents were necessary parties and they must render accounts before they could be entitled to indemnity; (6) that the suit was not competent, because it was a suit by some partners against other partners in the same firm and that the ..... confuses the issues which we have to decide to say that the firm of rekhabchand ghisulal has contracted with the firm of ghisulal ganeshilal, and that the first firm are independent commission agents acting for their principals, the firm ghisulal ganeshilal. what in ..... circumstances of this case, which must be decided according to the principles of english law as contained and codified to some extent in the indian contract act. according to those principles the firm as such has no existence in law, and the law regards only the individual partners. it only ..... obviously cannot be assigned [section 6 (e), transfer of property act]. it is a personal right. in commission agency, before an agent can claim an indemnity, he has a duty to account. if, as was pleaded, an account had been stated between the parties the position would have been different. such .....

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Dec 19 1934 (PC)

Kanchari Modhugari Narayana and ors. Vs. Nandigam Venkataramanna Patna ...

Court : Chennai

Decided on : Dec-19-1934

Reported in : AIR1935Mad899

..... , j., in lakshmanan chatty v. muthayya chetty 1920 mad. 1026 where the learned judge observed that; the acknowledgment is binding 'provided the mortgagor had a substantial interest in the mortgage contract.' so far as the indian law is concerned we are clear that the nature of a security as understood in india all these years is such that it ought not ..... carry interest in the shape of paddy and the whole thing is to be finally converted into money. the rate of paddy is so variable in different years that a contract of this kind if it has got to be finally converted into money may act so oppressively that it is not possible to apply the principle of the first ..... being penal to such a case. in a similar case (unreported) from the same district subramania ayyar and bhashyam ayyangar, jj., held that such a contract was penal.12. we therefore think that the contract should be relieved against. we would award interest at the rate of 18 per cent throughout. the amount due to the plaintiffs will be calculated on the .....

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Dec 20 1934 (PC)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Decided on : Dec-20-1934

Reported in : 163Ind.Cas.331

..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....

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Dec 20 1934 (PC)

T.V.K. Kamaraja Pandiya Naicker Vs. the Secretary of State for India i ...

Court : Chennai

Decided on : Dec-20-1934

Reported in : (1935)69MLJ695

..... only the presumption of occupancy rights in his favour; his rates were liable to be increased certainly whenever a new tenant was put in, and even in other cases, by contract between the parties. in these circumstances, there was little reason for placing the rent paid by a tenant of homefarra land in a different legal category from the rent paid ..... 2(iii) of the rent recovery act of 1865 the wording was slightly different in describing how the rates of rent were to be determined. where there was no special contract between the landlord and the tenant and when no money assessment has been fixed on the fields, it is there stated that rent is to be paid according to the .....

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Dec 20 1934 (PC)

T.V.K. Kamaraja Pandiya Naicker Vs. Secretary of State

Court : Chennai

Decided on : Dec-20-1934

Reported in : 162Ind.Cas.419

..... presumption of occupancy rights in his 'favour; his rates of rent were liable to be increased certainly whenever a new tenant was put in and even in other cases by contract between the parties. in these circumstances, there was little, justification for placing the rent paid by a tenant of home farm land in a different legal category from the rent ..... . in section 2 (3), kent recovery act of 1865, the wording was slightly different in describing how the rates of rent were to be determined; where there was no special contract between the landlord and the tenant and when no money assessment has been fixed on the fields, it is there stated that rent is to be paid according to the .....

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Dec 21 1934 (PC)

Thakur Bhawani Singh Vs. Baldeo and anr.

Court : Allahabad

Decided on : Dec-21-1934

Reported in : AIR1935All373

..... , but that the section does not prevent the decree-holder from bringing a suit on the surety bond to enforce the contract made by him with the surety and the lien on the property mortgaged to secure the performance of that contract. it is true that this ruling and the full bench ruling which i have quoted both refer to the case .....

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