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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1934 Page 6 of about 158 results (0.075 seconds)

May 28 1934 (FN)

W. B. Worthen Co. Vs. Thomas

Court : US Supreme Court

Decided on : May-28-1934

..... van devanter, mr. justice mcreynolds, mr. justice butler and i concur unreservedly in the judgment of the court holding the arkansas statute void as in contravention of the contract impairment clause of the federal constitution. we concur thus specially because we are unable to agree with the view set forth in the opinion that the differences between the ..... when the exercise of the reserved power of the state, in order to meet public need because of a pressing public disaster, relates to the enforcement of existing contracts, that action must be limited by reasonable conditions appropriate to the emergency. this is but the application of the familiar principle that the relief afforded must have reasonable ..... only to legislation to safeguard the public health, public safety, and public morals, and to prevent injurious practices in business subject to legislative regulation, despite interference with existing contracts -- an exercise of the state's necessary authority which has had frequent illustration -- but also to those extraordinary conditions in which a public disaster calls for temporary relief. ..... obligation does not extend to future acquisitions. industry, talents, and integrity, constitute a fund which is as confidently trusted as property itself. future acquisitions are therefore liable for contracts, and to release them from this liability impairs their obligation." this principle was applied to an exemption of insurance moneys, in relation to antecedent debts, in bank of .....

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Jun 04 1934 (FN)

Lynch Vs. United States

Court : US Supreme Court

Decided on : Jun-04-1934

..... regulation no. 8, promulgated march 31, 1933, pursuant to this act, provides: "v. except as stated above [matter not here relevant], no payment may hereafter be made under contracts of yearly renewable term insurance (including automatic insurance), and all pending claims or claims hereafter filed for such benefits shall be disallowed." [ footnote 14 ] see note 11 [ footnote 15 ..... many grants of gratuities to veterans and dependents of veterans. congress apparently assumed that there was no difference between the legal status of these gratuities and the outstanding contracts for yearly renewable term insurance. it used in respect to both classes of benevolences the substantially same phrase. it repealed "all public laws" relating to the several ..... heavy burdens were assumed by the government. [ footnote 2 ] but the policies, although not entered into for gain, are legal obligations of the same dignity as other contracts of the united states and possess the same legal incidents. war risk insurance, while resembling in benevolent purpose pensions, compensation allowances, hospital and other privileges accorded to former members ..... for the government's obligation, the insured paid prescribed monthly premiums. white v. united states, 270 u. s. 175 , 270 u. s. 180 . true, these contracts, unlike others, were not entered into by the united states for a business purpose. the policies granted insurance against death or total disability without medical examination at net premium rates .....

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Jun 05 1934 (PC)

Corporation of Calcutta Vs. Kumar Arun Chandra Singh and ors.

Court : Kolkata

Decided on : Jun-05-1934

Reported in : AIR1934Cal862,153Ind.Cas.972

..... due.' it is true that the logical result of this construction of section 67-a is that section 67 also, which contains the same words 'in the absence of a contract to the contrary,' does not apply to securities created by operation of law, and thus the owners of such cannot avail themselves of the benefit of the provisions therein contained ..... 100 applies be the other provisions of the act to charges only 'so far as may be' yet the power, of contracting out is clearly an essential part of the section and could not be given effect to in a statutory charge, unless the particular statute so provided which is not so ..... securities which are created by act of parties. thus it applies to 'mortgages executed by the same mortgagor,' and provides that certain obligations shall arise 'in the absence of a contract to the contrary.' both terms are inappropriate to a statutory charge. and even if it were arguable that the first refers only to mortgages, and may be ignored because section ..... right to obtain the same kind of decree under section 67 and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all mortgages in respect of which the mortgage money has become due.3. section 100, transfer of properly act, provides:where immovable .....

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Jun 06 1934 (PC)

Nagendra Nath Biswas Vs. Kripanath Bhattacharjee and ors.

Court : Kolkata

Decided on : Jun-06-1934

Reported in : AIR1935Cal94

..... by the principles enunciated in the case reported in bauga chandra dhur biswas v. jagat kishore 1916 pc 110. the necessity for the sale alleged in the payment of debts contracted is connexion with the sradh of kali nath and the probate proceedings. the learned subordinate judge's judgment on this part of the case is not very clear. but i .....

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Jun 11 1934 (PC)

Jnanana Prasanna Bhaduri and ors. Vs. Hemendra Nath Roy Choudhury and ...

Court : Kolkata

Decided on : Jun-11-1934

Reported in : AIR1935Cal228

..... case of estoppel can arise as the plaintiff does not claim the estate through his father. mr. ghose contended that what the father was really doing was to make a contract for the benefit of his minor son, who is therefore bound by it. there can be no question that the son was benefited by it. this aspect of the matter .....

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Jun 20 1934 (PC)

Gordhandas Natha Lal Vs. Gorio Ltd.

Court : Mumbai

Decided on : Jun-20-1934

Reported in : AIR1934Bom420; 153Ind.Cas.1041

..... to make good to the defendants any loss or deficiency sustained through the default of the plaintiff in carrying out the terms of the contract, viz., the contract of purchase, and the defendants were also given a right to sue for the payment of the full amount of the bills and all ..... purchase, it is evident that the defendants acted as the agents of some undisclosed foreign principals in the transactions and, under the terms of the contracts, including the conditions on the reverse, undertook to carry out those transactions on behalf of their undisclosed foreign principals. in that light ex. 1 ..... sale and purchase mentioned on the face of the documents.21. the two indent reports (ex. 1) do not help the defendants. if the contract was of purchase merely by sending those two documents, the defendants could not alter the legal relations between the parties. by those documents the defendants have ..... plaintiff and the defendants in respect, of the purchase transaction of the goods mentioned on the face of the document. looking to the whole contract it appears to me clear that the relations between the parties were that of a principal and principal, and according to the clear and unambiguous ..... behalf of the defendants, offered to lead evidence to substantiate those allegations). that was opposed on behalf of the plaintiff as the terms of the contracts between the parties were in writing. it was contended that the court had to determine the two issues on a construction of the documents on record .....

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Jul 02 1934 (PC)

Babu Vs. Alibhai Dawoodbhai and ors.

Court : Mumbai

Decided on : Jul-02-1934

Reported in : AIR1935Bom112; 156Ind.Cas.304

..... successful defendant, out of the estate of the minor. where the next friend is entitled to have recourse to the estate of the minor in exercise of his right of indemnity or under the liberty reserved to him to recover the same when paid out of the estate of the minor, such directions are usually given in the judgment itself. where ..... for money against a minor, as for instance, where a minor like an adult is liable for damages in respect of any wrong which he has committed independently of a contract. of course in certain cases the circumstances may justify the estate of the minor being charged with the payment of the costs, but generally speaking courts in this country as ..... the same time the next friend has a right to ask that he should have liberty to proceed against the estate of the minor in exercise of his right of indemnity, or to protect himself, as he is entitled to get not only these costs out of the estate of the minor but all costs, charges and expenses which have been ..... halsbury which says that the solicitor can recover his costs only from next friend, and that is so because the contract of employment can only be between the next friend and the solicitor, a minor being incapable of entering into the contract. that the next friend is a surety for the costs of the opponents of the infant is clear from the .....

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Jul 02 1934 (PC)

Babu Alias Vrajlal Ratansey Vs. Alibhai Dawoodbhai

Court : Mumbai

Decided on : Jul-02-1934

Reported in : (1934)36BOMLR1201

..... successful defendant, out of the estate of the minor. where the next friend is entitled to have recourse to the estate of the minor in exercise of his right of indemnity or under the liberty reserved to him to recover the same when paid out of the estate of the minor, such directions are usually given in the judgment itself. where ..... for money against a minor, as for instance, where a minor like an adult is liable for damages in respect of any wrong which he has committed independently of a contract. of course in certain cases the circumstances may justify the estate of the minor being charged with the payment of the costs, but generally speaking courts in this country as ..... the same time the next friend has a right to ask that he should have liberty, to proceed against the estate of the minor in series of his right of indemnity, or to protect himself, as he is entitled to get not only these costs out of the estate of the minor but all costs, charges and expenses which have been ..... which says that the solicitor can recover his costs only from the next friend, and that is so because the contract of employment can only be between the next friend and the solicitor, a minor being incapable of entering into the contract. that the next friend is a surety for the costs of the opponents of the infant is clear from the .....

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Jul 04 1934 (PC)

Superintendent and Remembrancer of Legal Affairs Vs. H.E. Watson

Court : Kolkata

Decided on : Jul-04-1934

Reported in : AIR1934Cal730,152Ind.Cas.566

guha, j.1. these are two appeals by the government of bengal ; and they are directed against an order of acquittal passed by the learned chief presidency magistrate, calcutta, on 16th december 1933, in regard to two separate charges, following upon complaints made against mr. h.e. watson, as director, statesman printing press, by the chief inspector of factories, bengal on 9th november 1933. the complaints made were: (i) under section 41 (a) read with section 28, and (ii) under section 43 (c) read with section 35, indian factories act.2. the case for the prosecution was that the inspector of factories inspected the factory, the statesman printing press, on 15th and 19th october 1933, and found that one printer, five proof readers, and seven compositors in the advertisement section were employed on different dates beyond the time limit of eleven hours per day, as prescribed by section 28, indian factories act. it was further alleged that the register of persons employed as prescribed by section 35 of the act, was not correctly maintained, regard being had to the facts that no entries were made in the register after 17th october, that specified hours of work of the persons employed were not entered in the register, and that different shifts in which the workers were employed were not shown.3. in the written statement filed in court by mr. watson, it was stated that during the dates between which the offences were alleged to have been committed, he was not in india, and he had .....

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Jul 05 1934 (PC)

Dinonath Vs. Hansraj Gupta and ors.

Court : Kolkata

Decided on : Jul-05-1934

Reported in : AIR1936Cal44,160Ind.Cas.1056

..... the purposes for which it was contributed. there really is in this matter nothing whatever in the shape of a consideration which could form a contract between the parties.17. i respectfully agree with the views expressed by pearson, j. it is to be noted that this decision was given ..... in the subscribers' book for rs. 100, and the question was whether the plaintiff, as one of the persons who made himself liable under the contract to the contractor for the cost of the building, could sue, on behalf of himself and all those in the same interest with him, to ..... the whole of that rs. 40,000 the commissioners, including the plaintiff, were liable to the contractor as well as for the amount of the original contract, because the additions to the buildings were made by the authority of the commissioners and with their sanction. the defendant, on being applied to, put ..... work to see what subscriptions they could obtain. when the subscription list had reached a certain point the commissioners, including the plaintiff, entered into a contract with a contractor for the purpose of building the town hall, and plans of the building were submitted and passed; and as the subscription list ..... which were legally binding upon the testator. such for example, as periodical subscriptions payable to a club or other institution under the terms of a contract of membership, or where work has been undertaken or debt incurred at the promisor's instigation, or upon his promise to indemnify, express or implied .....

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