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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1934 Page 7 of about 158 results (0.039 seconds)

Jul 20 1934 (PC)

Kumar Raj Krishna Prosad Lal Singh Deo Vs. Barabani Coal Concern Ltd. ...

Court : Kolkata

Decided on : Jul-20-1934

Reported in : AIR1935Cal368

..... binding no question of the estoppel of the tenancy ceasing by reason of eviction by title paramount really arises. it is said that by the kabuliyat of 1918 the company contracted themselves out of their rights to cease to pay rent on eviction by title paramount. title or no title the company made themselves liable to pay at the reduced rate ..... to say that the man whose title he admits, and under whose title he took possession, has not a title. that is a well established doctrine. that is estoppel by contract. in the recent case of bilas v. desraj 1915 pc 98 at 207 (of 42 i.a.) their lordships of the judicial committee observed that:section 116, evidence act, is ..... which is based on a very different principle. section 116 deals with instances of estoppel by agreement based on permissive enjoyment. the estoppel of a tenant is founded upon a contract between him and his landlord. as has been pointed out in re stringer's estate v. jones ford, 6 ch d 9 the tenant took possession under the ..... contract to pay the rent as long as he held possession under the landlord, and to give it up at the e d of the term to the landlord, and having .....

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Aug 01 1934 (PC)

Jahan Singh Vs. Dr. Hardat Singh and anr.

Court : Allahabad

Decided on : Aug-01-1934

Reported in : AIR1935All247; 152Ind.Cas.487

..... . the only question for consideration was whether in that case the mortgagee decree-holder could proceed with the sale without establishing that the mortgage debt was contracted without family necessity. the point was decided against the mortgagee and it was held that before the sale takes place, the mortgagee must, in order ..... . i would therefore dismiss the appeal.rachhpal singh, j.12. i agree. i think that the proposition is well settled that where a father has contracted a debt for his own personal benefit, the creditor may obtain a money decree against the father alone, and may enforce the decree by attachment and ..... a satta transaction need not be a gambling transaction if either of the parties intends to make delivery of the goods in case of breach of contract. it can be a gambling transaction only if it is the common intention of both the parties that in no event would delivery take place and ..... inquiry beyond what appears on the face of the proceedings and that therefore the sons must show that they had notice that the debts had been contracted for immoral or illegal purposes. so far as strangers are concerned, it makes no difference whether only the sale has taken place and has been ..... means of a compulsory sale. after the sale has taken place under the authority of the court, the matter passes beyond the stage of a mere private contract or private transfer, and therefore different considerations apply. the case of sahu ram chunder v. bhup singh 1917 p.c. 1917 p.c. 61, was .....

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Aug 03 1934 (PC)

Shankarlal Bansilal Mundade Vs. Raghunathdas Anandram

Court : Mumbai

Decided on : Aug-03-1934

Reported in : AIR1935Bom233; (1934)37BOMLR778

..... act is to provide a special procedure in the investigation of claims made against agriculturists. whatever they may have bound themselves to, the court is bound to set the original contract aside, to inquire into it from its very beginning, and to pass a decree on certain denned lines, after taking an account. the decree so passed is subject to special ..... act comes into force.' in gadigeppa v. balangowda : (1931)33bomlr1313 , in which case an infant, by representing that he was of age, had induced another person to enter into a contract with him, the learned chief justice observed that no person can, by application of the law of estoppel, or by any rule of procedure, acquire or have assigned to him ..... entitled to have a dissolution at an earlier date and their lordships held that a partner's right to a decree for dissolution rested, in its origin, not on a contract but on his inherent right to invoke the court's protection on equitable grounds. in the case before us the defendant has a statutory right to invoke the court's .....

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Aug 07 1934 (PC)

Vepa Suramma and anr. Vs. Chakka Venkayya and ors.

Court : Chennai

Decided on : Aug-07-1934

Reported in : AIR1934Mad695; 152Ind.Cas.617

..... paid on the due dates. this argument therefore fails.3. the other argument on behalf of the appellants was put as follows : under the explanation to section 74, contract act, the stipulation for increased interest from the date of default may be a stipulation by way of 'penalty' and the lower court has in this case in exercise ..... cannot be enforced by way of charge on the property. but that is not the position here. the interest upon interest is clearly part of the contract; the fact that under section 74, contract act, the court is given power to reduce that rate under certain contingencies does not make the interest at the reduced rate any the less a ..... case in motan mal v. mahomed bakhsh 1922 lah. 254. the full bench there took care to point out that neither by the most liberal interpretation of the contract nor even by any kind of implication therefrom, would it be possible to say in that case that interest was payable under the ..... . therefore the mere use of the expression penalty or damages ought not to be understood as amounting to a claim outside the contract.4. another point was suggested by mr. lakshmanna, relating to the claim for interest upon interest after 1912. that point was not raised either in the court ..... contract. therefore they treated it as a claim for damages pure and simple. in that sense, it would not really form part of what is spoken of in .....

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Aug 17 1934 (PC)

Palaniappa Chettiar and ors. Vs. P.L.A.P.L. Annamalai Chettiar

Court : Chennai

Decided on : Aug-17-1934

Reported in : 153Ind.Cas.102

..... document. but adaikkalava was made the trustee and plaintiff the beneficiary under the terms of ex. h. in such a case the rule of law that third parties to a contract cannot take the benefit of the contract does not apply vide tirumulu subbu chetti v. arunachalam cheitiar : air1930mad382 exhibit h can scarcely be described as a bare ..... contract. it is a family settlement purporting to settle disputes and allot properties to the persons intended to be adopted. until the adoptions are made, the property was left in the .....

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Aug 17 1934 (PC)

Shanmugan and ors. Vs. P.L.A.P.L. Annamalai Chettiar

Court : Chennai

Decided on : Aug-17-1934

Reported in : AIR1935Mad141

..... document. but adaikkalava was made the trustee and plaintiff the beneficiary under the terms cf ex. h. in such a case the rule of law that third parties to a contract cannot take the benefit of the contract does not apply : vide tirumulu subbu chetti v. arunachalam chettiar 1930 mad. 382. ex. h can scarcely be described as a bare ..... contract. it is a family settlement purporting to settle disputes and allot properties to the persons intended to be adopted. until the adoptions are made, the property was left in the .....

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Aug 17 1934 (PC)

In Re: Jana Yellamraju and ors.

Court : Chennai

Decided on : Aug-17-1934

Reported in : AIR1935Mad51; 153Ind.Cas.476; (1935)68MLJ51

order1. the question of the effect of rule 2 of the agency rules of 1924 has been argued before us. mr. rama rao lays stress upon the fact that this rule reproduces only some of the provisions of order 33 and order 44, civil procedure code while other provisions are not re-produced and contends that as the civil procedure code is not applicable to the agency tracts, we ought not, in dealing with this case, be guided by the provision in order 44 of the code, which enables the high court to refuse leave to appeal in forma pauperis, unless upon a perusal of the judgment and decree appealed from it sees reason to think that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust. he also 3raws our attention to the fact that in the case of appeals from the agent, there is no provision corresponding to order 41, rule 11, civil procedure code. as regards the usage of the word 'may' in rule 2 of the agency rules he invokes the well established doctrine that in particular contexts, the word 'may' must be understood as importing an obligation and contends that the court is bound to exercise in favour of paupers the privilege intended to be conferred upon them by rule 2. he maintains that under the rules, the appeal must be admitted as a matter of course and no leave of court is necessary at all. we are unable to accede to his contention that this court ought not to take into consideration the merits of the case at all, in dealing with .....

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Aug 20 1934 (PC)

Mannilal Anandji Vs. B.N. Ry. Ltd.

Court : Kolkata

Decided on : Aug-20-1934

Reported in : AIR1935Cal271a,155Ind.Cas.1052

..... insist on such a high standard would be to make an indian railway administration virtually an insurer and not a bailee, whose responsibility,, is defined in sections 151 and 152, contract act.5. with regard to the consignment booked at amgaon there is a further difficulty that bars the success of the plaintiff. his agent admitted that the consignment had not ..... india, the liability of a railway administration is not that of a common carrier. it is not an insurer. its liability is that of a bailee as defined in the contract act. if there is no negligence there is no liability. whatever the term misconduct may simply, it is quite apparent from a comparison of clause (1) with clause (2) of .....

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Sep 03 1934 (PC)

South India Railway Co. Ltd. Vs. S.M. Bhashyam Naidu and ors.

Court : Chennai

Decided on : Sep-03-1934

Reported in : AIR1935Mad356

..... subject and it is difficult to read it as importing; a further decision that these instructions are right, in view of the terms of 'the particular contract. it is from this point of view that we attach particular significance to the fact that the contractor had not been heard at all before ex. ' ..... followed by him is at least important as indicating whether in the particular instance he intended to act only as a servant of one of the contracting parties or in the conscious exercise of the powers conferred on him by the special terms of the agreement. this aspect of the question is adverted ..... agreement.8. our attention has been drawn to several cases dealing with the position of architects or engineers whose decision is made final, in respect of contracts 'whose execution is put under their supervision. it is not necessary to refer to them in detail. there has no doubt been a consensus of opinion ..... 1-a, that' this is a kind of executive instruction issued to his own subordinates before any particular claim had been made so far as the plaint contract was concerned : and even before us, it was not insisted on as amounting to any decision within the meaning of clause 41.5. on behalf of ..... object to some of the items which have been allowed by the lower court, out of the claim made by the plaintiff on the basis of a contract between his grandfather and the company, in connection with the construction of the shoranur nilambur railway. a number of items were claimed, a specified in several .....

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Sep 03 1934 (PC)

M. Maqbul Ahmad Vs. Mt. Fatma Bibi and ors.

Court : Allahabad

Decided on : Sep-03-1934

Reported in : AIR1935All81; 152Ind.Cas.199

..... but that the promisors, in breach of the agreement sold the property to one saadat ali. thereupon the plaintiff and nehal ahmad instituted a suit for specific performance of the contract for sale. their suit was decreed by the court of first instance but dismissed by the high court. a further appeal to the privy council was unsuccessful. the plaintiff alleges .....

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