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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1950 Page 1 of about 179 results (0.047 seconds)

Apr 14 1950 (HC)

Minor Ramalingam Reddi by Next Friend Vanajakshi Ammal and anr. Vs. Ba ...

Court : Chennai

Decided on : Apr-14-1950

Reported in : AIR1951Mad431; (1950)2MLJ597

..... doctrine of part performance, even though no conveyance had been executed. section 53a, t. p. act, dealing with part performance postulates a valid contract between the parties for the transfer of immovable property.6. the doctrine of mutuality as developed by english decisions with its deceptive appear, ance of ..... the minor's estate on a guardian's contract without being obliged to depend on a subrogation to the guardian's right of indemnity or reimbursement, whether the contract was one for necessaries supplied to the minor or whether the liability under the contract was one to which the minor's estate ..... what the minor cannot do directly by entering into a contract and the creditor can make the minor's estate liable not on the contract of the guardian, but on the principle of subrogation to the guardian's right of reimbursement or indemnity. this was the view of wallis c. j., in ..... bama jogayya v. jagannathan, 42 mad. 185: a. i. r. 1919 mad. 641 , fazl ali j. (at p. 299), was also of the opinion that the guardian of a hindu minor could not make contracts on behalf ..... was liable under hindu law.11. the distinction between the liability of a minor's estate under a mortgage or charge created by a guardian and a liability arising out of a contract .....

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Mar 24 1950 (HC)

Padmanabha Kakkothaya and ors. Vs. Keshava Derinjithaya and anr.

Court : Chennai

Decided on : Mar-24-1950

Reported in : AIR1951Mad239; (1950)2MLJ438

..... between other contri-butories only in the proportion of the benefits which each one of them has received at the time of the original contract. section 43, contract act did not envisage such a contingency, it seems to be a causus omissus. it only speaks of the liability of all the ..... of a common burthen, and has no existence whatever, inchoate or complete, till the payment ia made. it is not, therefore, affected by what affectes the contract. that rule was necessarily the consequence of dering v. winchelsea, (1787) 1 cox. 318 : 2 bos. and p. 270 because in that case the ..... one of the joint contributors has not paid and the others have to pay that sum though those others received the benefits in the original contract in unequal proportions. there is not direct authority so far as our attention has been invited to in the indian courts except certain observations contained ..... was between the contributories themselves in proportion of the benefit enjoyed by each one of them. he relies upon the third paragraph of section 43, contract act, which lays down that it any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear ..... then it follows that the implied obligation of the principal debtor under the contract of guarantee to keep the guarantor indemnified from any loss or damage would displace or be available to be set off against the other implication of indemnity.' this is direct authority for holding that since defendant 5 was only .....

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Jun 07 1950 (HC)

S.M. Ghose Vs. National Sheet and Metal Works Ltd. and anr.

Court : Kolkata

Decided on : Jun-07-1950

Reported in : AIR1950Cal548,54CWN716

..... ltd. applied to the court to add the appellant as a party and claimed the tight of indemnity against the appellant. it was not for the appellant to prove that the work which he contracted to do was not ordinarily the kind of work performed by the national sheet and metal works ..... not challenged that finding. indeed they accepted the position that they were liable throughout the proceedings and only claimed that they were entitled to an indemnity. it is quite impossible to interfere with the order for compensation made by the commissioner against the respondents, the national sheet and metal works limited ..... appellant, opposite party no. 2, was liable to indemnify opposite party no. 1, the respondent national sheet and metal works ltd. 7. the right of indemnity arises under sub-section (2) of section 12, if the case falls within sub-section (1) of section 12. that sub-section is in these terms ..... workman to prove that the work done by the appellant under the contract was work which ordinarily formed the whole or part of the national sheet and metal works ltd's business, that fact having been established, a right of indemnity would arise. but it appears to me that the court could ..... not possibly hold in this case that section 12 applied at all. 14. the commissioner in his judgment disposes of the point in a somewhat summary manner. he observes in his judgment as follows : 'opposite party no. 2 admits that he accepted a contract .....

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Aug 16 1950 (HC)

A.L.S.P.Pl. Subramania Chettiar (Decd.) and anr. Vs. Moniam P. Narayan ...

Court : Chennai

Decided on : Aug-16-1950

Reported in : AIR1951Mad48; (1950)2MLJ472

..... amended under section 19, madras agriculturists' relief act, and the amount recoverable by a plaintiff from the principal debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion; and if the sum recoverable from the principal debtor becomes zero, under the amended decree the surety's liability would also be reduced to nothing ..... , are the plaintiffs entitled to proceed against the surety they are not. to my mind, the question does not admit of any doubt. cunningham and shephard in their 'indian contract' quote the following passage from pothiar when dealing with section 134 : 'it results from the definition of a surety's engagement as being accessory to a principal obligation that the ..... to the principal debtor and which do not maintain the benefit under the madras agriculturists' relief. act given to the surety by adding to or amending the sections of the contract act or even the section of the madras agriculturists' relief act. according to him, this also shows that the madras agriculturists' relief. act never intended to extinguish the debt ..... onanson's observations:'at common law lapse of time does not affect contractual rights. such rights are of a permanent and indestructible character unless either from this nature of the contract or from its terms it be limited in point of duration. but though the rights possess this permanent character, the remedies arising from their violation are by various statutory provisions .....

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Oct 05 1950 (HC)

Madholal Vs. Bridhichand

Court : Rajasthan

Decided on : Oct-05-1950

Reported in : AIR1951Raj58

..... learned counsel for the applicant also. he has, however, argued that the learned civil judge did not at all apply his mind to the provisions of sections 192 and 193, contract act, and consequently acted illegally in the exercise of his jurisdiction. from a careful reading of the judgment, i find that the learned civil judge has not at all considered ..... privity of contrast between the parties. the applicant was only a sub agent of laxami narain who was in the position of an agent of the plaintiff. under section 192, contract act, where a sub-agent is properly appointed, he is responsible for his acts to the agent, but not to the principal, except in case of fraud or wilful wrong ..... with interest at the rate of re 1% per mensem. the total amount claimed was rs. 193-7-6.2. the main defence was that there was no privity of contract between the plaintiff and the defendant. the learned munsif karauli held this point in favour of the defendant and dismissed the suit. on appeal, the learned civil judge held that .....

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Dec 21 1950 (SC)

Pannalal Jankidas Vs. Mohanlal and anr.

Court : Supreme Court of India

Decided on : Dec-21-1950

Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); [1950]1SCR979; [1950]SuppSCR979

..... agreement they had failed to insure the goods. they contended that owing to this negligence and misconduct the plaintiffs were not entitled to the indemnity claimed. in the alternative they contended that the plaintiffs were liable to make good the loss caused to the defendants by their failure to insure ..... not be fair or reasonable to had the defendant responsible for losses which he could not be taken to contemplate as likely to result from his breach of contract. viscount haldane l.c. in the british westinghouse electric & . v. the underground electric railways co. of london [1912] a.c. 678, 689 ..... insured. the second contention is that the counter-claim of the respondents is barred under section 18(2) of the ordinance. in the indian contract act, sections 211 and 212 provide for the consequences of an agent acting otherwise than according to his duty towards the principal. under section 211 ..... that the intervention of government in passing this ordinance could not increase or add to the liability of the appellants for the breach of contract or breach of duty and therefore they were not liable to pay the compensation which would have been receivable by the respondents if the ..... the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance .....

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Jan 09 1950 (HC)

K.M.S. Lakshmanier and Sons Vs. the Commissioner of Income Tax and Exc ...

Court : Chennai

Decided on : Jan-09-1950

Reported in : AIR1950Mad668; [1950]181ITR734(Mad)

..... deposit.' the transaction started as advance payment of purchase money and ultimately it was changed into security deposit for the due performance of the forward contracts of the customers. the assessees themselves decided to demand from the customers a certain amount as security deposit and the amount itself was fixed by ..... also fixed by the assessees themselves and the arrangement was to treat the amount as 'security deposit' towards the dealings relating to the forward contract between the customer and the assessees which in plain language means that if there was a breach during the course of the dealings on the ..... the delivery of the goods towards the final payment of the purchase price. it was later altered into a deposit with reference to each contract variously described as 'contracts advance fixed deposit account' and 'security deposit' account. finally, under the last of the circulars an amount roughly of 30 per cent. ..... the asses-sees and the customers. that circular is in these terms:'this is to inform you that we have changed the heading of your 'contract advance fixed deposit' account into 'security deposit' account. as such, we have transferred the amount which is to your credit in the former to ..... the system of sales adopted by the assessees in selling yarn to customers was to obtain an advance of an amount in respect of forward contracts under which the assessees agreed to supply yarn to their customers. this was roughly about 80 per cent. of the sale price and when the .....

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Jan 09 1950 (FN)

United States Vs. Moorman

Court : US Supreme Court

Decided on : Jan-09-1950

..... representative, whose decision shall be final and conclusive upon the parties thereto. in the meantime, the contractor shall diligently proceed with the work as directed." article 15 of the contract. [ footnote 3 ] these and other representations in the petition for certiorari in this case are substantially identical with representations made by the solicitor general in asking this court ..... legislative branch of government. second. we turn to the contract to determine whether the parties did show an intent to authorize final determinations by the secretary of war or his representatives in this type of controversy. if the ..... to a plain intent of parties to adopt this method for settlement of their disputes. nor should such an agreement of parties be frustrated by judicial "interpretation" of contracts. if parties competent to decide for themselves are to be deprived of the privilege of making such anticipatory provisions for settlement of disputes, this deprivation should come from the ..... that the total effect of the decisions was to "add further doubt and confusion to the authority of designated officers of the united states to make final decisions under government contracts. [ footnote 3 ]" we granted certiorari. 338 u.s. 810. first. contractual provisions such as these have long been used by the government. no congressional enactment condemns .....

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Jan 09 1950 (HC)

K. M. S. Lakshmanier and Sons Vs. Commissioner of Income-tax and Exces ...

Court : Chennai

Decided on : Jan-09-1950

Reported in : [1950]18ITR734(Mad)

..... deposit'. the transaction started as advance payment of purchase money and ultimately it was changed into security deposit for the due performance of the forward contracts of the customers. the assessees themselves decided to demand from the customers a certain amount as deposit and the amount itself was fixed by the ..... also fixed by the assessees themselves and the arrangement was to treat the amount as 'security deposit' towards the dealings relating to the forward contracts between the customer and the assessees which in plain language means that if there was a breach during the course of the dealings on the ..... the delivery of the goods towards the final payment of the purchase price. it was later altered into a deposit with reference to each contract variously described as 'contract advance fixed deposit account' and 'security deposit account.' finally, under the last of the circulars an amount roughly of 30 per cent ..... the assessees and the customers. that circular is in these terms :-'this is to inform you that we have changed the heading of your contract advance fixed deposit account into security deposit account. as such, we have transferred the amount which is to your credit in the former to ..... delivered or to be delivered for each and every time should be paid in full and this system is applicable to out future booking of contracts only.'a further circular was sent on 5th december, 1944, in which there was a further modification in the system of the dealings between .....

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Jan 09 1950 (FN)

Savorgnan Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1950

savorgnan v. united states - 338 u.s. 491 (1950) u.s. supreme court savorgnan v. united states, 338 u.s. 491 (1950) savorgnan v. united states no. 48 argued november 7-8, 1949 decided january 9, 1950 338 u.s. 491 certiorari to the united states court of appeals for the seventh circuit syllabus in 1940, petitioner, a native-born american citizen who was a competent adult woman, voluntarily and knowingly applied for and obtained italian citizenship while in the united states through naturalization in accordance with italian law. she went to italy in 1941, and lived there with her italian husband until 1945, when she returned to the united states. held: she expatriated herself under the laws of the united states by her naturalization as an italian citizen followed by her residence abroad. pp. 338 u. s. 492 -506. (a) within the meaning of 2 of the citizenship act of 1907, the term "naturalization in any foreign state" includes naturalization proceedings which lead to citizenship in a foreign state, even though such proceedings take place in the united states. p. 338 u. s. 499 . (b) after a competent adult american citizen has voluntarily and knowingly performed an overt act which spells expatriation under the wording of the citizenship act of 1907, he cannot preserve or regain his american citizenship by showing his intent or understanding to have been contrary to the usual legal consequences of such an act, since those legal consequences are not dependent upon the intention of .....

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