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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1946 Page 1 of about 130 results (0.044 seconds)

Jan 15 1946 (PC)

K.P.Rm. Kuppan Chettiar Alias Kadiresan Chettiar Vs. Sp.R.M.Rm. Ramasw ...

Court : Chennai

Decided on : Jan-15-1946

Reported in : (1946)1MLJ383

..... page 401 we find this:in some cases it is a question of fact whether the circumstances are such as to raise the implication of a contract for indemnity; but in cases like the one now before your lordships when a person is requested to exercise a statutory duty for the benefit of the ..... defendant. in fact the plaintiffs asked the defendant to indemnify them and the defendant did not reply and therefore there was no case of an express contract of indemnity. all that happened was that at the request of the defendant, the plaintiffs delivered possession of the trucks to the defendant. it ultimately turned out ..... duty to indemnify arising from an assumed promise by a person to do that which, under the circumstances, he ought to do. the right to indemnity need not arise by contract; it may (to) give other instances) arise by statute; it may arise upon the notion of a request made under circumstances from which ..... by the judicial committee and on page 182 their lordships say this:a right to indemnify generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or in equity there is an ..... law in similar terms. at page 272, cotton, l.j., expressed himself thus after dealing with the cases of express contract and trustees and cestui que trust:then, is there any ground of indemnity? of course, if a requests b to do a thing for him and b in consequence of his doing that .....

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Jan 15 1946 (PC)

K.P. Rm. Kuppan Chettiar Alias Kadiresan Chettiar Vs. Sp. R.M. Rm. Ram ...

Court : Chennai

Decided on : Jan-15-1946

Reported in : AIR1946Mad472

..... lord chancellor and at page 401 we find this:in some cases it is a question of fact whether the circumstances are such as to raise the implication of a contract for indemnity; but in cases like the one now before your lordships, when a person is requested to exercise a statutory duty for the benefit of the person making the request ..... the part of the defendant. in fact the plaintiffs asked the defendant to indemnify them and the defendant did not reply and therefore there was no ease of an express contract of indemnity. all that happened was that at the request of the defendant, the plaintiffs delivered possession of the trucks to the defendant. it ultimately turned out to be tortious in ..... . the law was discussed by the judicial committee and on p. 182 their lordships say this:a right to indemnify generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or in equity there is an obligation upon the one ..... of appeal laid the law in similar terms. at page 272 cotton l.j., expressed himself thus after dealing with the cases of express contract and trustees and cestui que trust:then, is there any ground of indemnity? of course, if a. requests b to do a thing for him, and b in consequence of his doing that act is subject to .....

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Mar 05 1946 (PC)

Babulal Kanji Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Mar-05-1946

Reported in : (1946)48BOMLR505

..... policies which are indemnities against loss, but it is not true as regards life policies, for a policy of life insurance is not a contract of indemnity. but the question is whether that makes any real difference, and it seems to me ..... week were strongly relied upon in this connection. while those two factors have to be taken into consideration, it seems equally clear that the contract of insurance contains reciprocal terms and the term to pay the premium is not the only condition made by the assured for obtaining the policy on ..... pay another sum on the happening of a contingent event, and which event must be connected with the life of the assured, the factor of the contract being necessarily disadvantageous to the assessee, is not a necessary ingredient. in the present case, therefore, the contention, that because in no event the ..... point, has been accepted by the highest judicial authority, channell j. observed as follows (p. 662) :-the attorney-general says that to constitute a contract of insurance it must be a provision against something-against some loss or disadvantageous event. mr. danckwerts says that may be true as regards marine and fire ..... that we must inquire a little further into the nature of a contract of insurance. where you insure a ship or a house you .....

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Mar 05 1946 (PC)

Babulal Kanji Vs. Commissioner of Income-tax, Bombay.

Court : Mumbai

Decided on : Mar-05-1946

Reported in : AIR1947Bom59; [1946]14ITR662(Bom)

..... fire policies which are indemnities against loss, but it is not true as regards life polices, for a policy of life insurance is not a contract of indemnity. but the question is whether that makes any real difference, and it seems to me ..... week were strongly relied upon in this connection. while those two factors have to be taken into consideration, it seems equally clear that the contract of insurance contains reciprocal terms and the term to pay the premium is not the only condition made by the assured for obtaining the policy on ..... pay another sum on the happening of a contingent event, and which event must be connected with the life of the assured, the factor of the contract being necessarily disadvantageous to the assessee, is not a necessary ingredient. in the present case, therefore, the contention, that because in no event the ..... except on the point, has been accepted by the highest judicial authority, channell, j., observed as follows :-'the attorney-general says that to constitute a contract of insurance it must be a provision against something -against some loss or disadvantageous event. mr. danckwerts says that may be true as regards marine and ..... that we must inquire a little further into the nature of a contract of insurance. where you insure a ship or a house you .....

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Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

Decided on : Jun-10-1946

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

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Apr 22 1946 (FN)

Seas Shipping Co., Inc. Vs. Sieracki

Court : US Supreme Court

Decided on : Apr-22-1946

..... is for these reasons that, throughout the long history of the maritime law, the right to maintenance and cure, and later the right to indemnity for injuries attributable to unseaworthiness, have been confined to seamen. longshoremen and harbor workers are in a class very different from seamen, and one ..... 80, 5; 57 & 58 vict. c. 60, 458. in this country, the right of the seaman to demand, in addition to maintenance and cure, indemnity for injuries resulting from unseaworthiness was first recognized by this court in the osceola, 189 u. s. 158 . in later cases, it has been established that ..... 367 ; atlantic transport co. v. imbrovek, 234 u. s. 52 . [ footnote 7 ] it has been suggested that "the seaman's right of indemnity for injuries caused by defective appliances or unseaworthiness seems to have been a development from his privilege to abandon a vessel improperly fitted out." the arizona v. anelich, ..... of appeals obviously went on this view. moreover the contention necessarily affects the bethlehem companies, at any rate in relation to possible claim of indemnity by petitioner. they have not been named as respondents here or served in accordance with rule 38(3). consequently we are precluded from making ..... places upon maritime workers and in the policy of the law to secure them indemnity against such hazards. obviously the norm of the liability has been historically, and still is, the case of the seaman under contract with the vessel's owner. this is because the work of maritime service .....

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Jan 17 1946 (PC)

Vajapeyajula Venkateswarlu and anr. Vs. Ragadamilli Viraswami and ors.

Court : Chennai

Decided on : Jan-17-1946

Reported in : (1946)1MLJ291

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent, for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before the ist april ..... . section 187(1)(i) expressly states that the right of relinquishment cannot be taken away by a. contract between the landholder and the ryot. therefore the first plaintiff undoubtedly acted within his rights when on the 30th june, 1937, the last day of the revenue year, he gave .....

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Jan 17 1946 (PC)

Vajapayajula Venkateswarlu and anr. Vs. Regadimilli Veeraswami and ors ...

Court : Chennai

Decided on : Jan-17-1946

Reported in : AIR1946Mad461

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before 1st april. section ..... 187(1)(f) expressly states that the right of relinquishment can-not be taken away by a contract between the land holder and the ryot. therefore plaintiff 1 undoubtedly acted within his rights when on 30th june 1937, the last day of the revenue year, he gave notice .....

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Jan 04 1946 (PC)

Nachappa Goundan Vs. Samiappa Goundan and anr.

Court : Chennai

Decided on : Jan-04-1946

Reported in : AIR1947Mad18; (1946)2MLJ35

..... be substituted, namely, 61 : a mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately ..... his case that he was a bona fide purchaser. it will be observed that the subsequent purchaser who takes the property with notice of a prior contract does not get any right as against the prior contractee. the prior contractee when he obtains a decree for specific performance obtains a right which prevails ..... the money with which the earlier mortgages were paid off. when there, is such an intention, we can well say that it amounts to a contract express or implied that the later alienee should be subrogated to the rights of the earlier mortgages which are discharged with the money advanced by him. ..... deed. therefore the case was purely one in which the purchaser cf a half retained that half and still claimed even the amount which he had contracted to pay for his purchase. strictly the question whether a person is entitled to be subrogated to the rights of a mortgagee who has been ..... entire amount. on these facts, inderprasad or his represontativc obviously cannot claim from the defendan1 who owned the other half the amount which he himself had contracted to pay as the sale consideration, inderprasad or his representative was not deprived of what he had purchased by his sale deed. he was still in .....

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Jan 07 1946 (FN)

Mason Vs. Paradise Irrigation District

Court : US Supreme Court

Decided on : Jan-07-1946

..... funds to respondent, but, acting through a bank, purchased the bonds at the composition figure and registered the bonds in its name; that, in accordance with the terms of the contract between respondent and the reconstruction finance corporation, page 326 u. s. 540 the old bonds so acquired remained obligations of respondent, were held by the reconstruction finance corporation as security ..... in the market, acquired merely a speculative position in the plan of composition. nor is it merely in the position of a holder of a majority of the bonds. by contract with the debtor, it has underwritten the whole refinancing program. it has ventured the capital necessary to effectuate the plan of composition. it has long been recognized in reorganization law ..... to be treated in situations like the present as a creditor. sec. 402 of the act provides that "any agency of the united states holding securities acquired pursuant to a contract with any petitioner under this chapter shall be deemed a creditor in the amount of the full face value thereof." the reconstruction finance corporation is such an agency. sec. 403 .....

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