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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Year: 1969 Page 2 of about 110 results (0.015 seconds)

Dec 31 1969 (HC)

Dip NaraIn Rai and ors. Vs. Dipan Rai and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All185

..... duty to limit that penalty to what is the real amount of damage sustained by the plaintiff, who is the lender, in consequence of the defendant's breach of the contract to pay the interest at the due date. the rate of interest at which the money was lent was rs. 9 per cent, per annum, and if the interest ..... on both kinds of damages, that cannot be a fair agreement with reference to the loss sustained by him, as the two together amount to more than an indemnity against loss, and so must be a penalty.2. in this case, the lender stipulates for both kinds of damages. he stipulates for compound interest as an ..... indemnity against loss, and also for interest to be paid at an increased rate. these two stipulations put together cannot, as i have said, be regarded as a fair ..... shall pay for having broken his contract, or may name a penal sum which shall be the outside limit of the damage which can be recovered. it is clear that an agreement, that if the ..... which interest is to be paid, and the interest is not paid when it becomes due, the borrower breaks his contract, and the lender may re-cover damages for such breach, and, at the time of making the contract, it is open to the parties to consider and agree the amount of damage which in such a case the borrower .....

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Dec 31 1969 (HC)

Durjan Kuar and ors. and Piarey Lal and ors. Vs. Naraini Kuar

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All738

..... 3rd chapter of the civil procedure code, though it is worthy of observation that the provisions of orders 17 and 19, as to adding persons from whom a defendant claims contribution or indemnity, or others whom the court or judge thinks should be joined for the purpose of a question being determined, not only as between the plaintiff and defendant, but between them ..... test as to the joinder of defendants should be whether the relief sought is 'in respect of the same matter,' or the liability alleged to exist relates to 'any one contract.'7. now let us see how the language of these sections is applicable to the cases under consideration. so far as the two sets of plaintiffs are concerned, it is ..... , exercised his discretion in passing the two orders appealed.5. no doubt it is most desirable, when litigation has been instituted in respect of a particular subject-matter or specific contract, that the court having cognizance of it should see that all questions directly springing out of it should be raised and dealt with once and for all, and that all .....

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Dec 31 1969 (HC)

Balbhadar Prasad Vs. the Maharajah of Betia

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All351

..... this action can be maintained apart from the note altogether. it is said by mr. gonlan that the note is the sole evidence of the contract; that the contract which was entered into between the maharajah and the plaintiff was reduced into writing in all its essentials and embodied in that note. now it is ..... be proved by the independent evidence of a person who was present at it.' if, therefore, in this case this document was intended to embody the contract of the parties, i should hold that the evidence of its contents would not be admissible. but in my opinion there is nothing whatever to show ..... evidence is admissible, under the provisions hereinbefore contained.' i think that refers to cases where the contract has by the intention of the parties been reduced to writing. the following extract from best's principles of evidence, second edition, p. 282, puts very ..... matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases, in which secondary ..... of the admissibility of evidence, and ought to be governed by section 91 of the indian evidence act, which says: 'when the terms of a contract or of a grant or of any other disposition of property have been reduced to the form of a document, and in all cases in which any .....

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Dec 31 1969 (HC)

Mul Chand and ors. Vs. Prag Narain

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All535

..... these are authorities for holding that if the seller elects to re-sell, he must do so within a reasonable time from the date on which the contract was finally repudiated by the buyer. any other conclusion might cause undue hardship to the buyer. a seller may, with the deliberate intention of causing ..... the letter received by him from messrs. sanderson and company was, to say the least of it, disingenuous. he certainly knew that he had signed a contract, the other party to which was the plaintiff mul chand, and it was certainly not the fact, upon his own admissions, 'that he never had ..... address of the plaintiffs at cawnpore in which he stated that the contract had by mutual consent been cancelled, and asked jaggi lal to intimate that fact to munshi nawal kishore by letter. whether that letter reached the ..... as to the nature of the conversation the parties are at variance. while munshi nawal kishore alleged that jaggi lal released him from liability under the contract, jaggi lal denies that he did so. on the 10th of october 1891, munshi nawal kishore caused a letter to be despatched from lucknow to the ..... munshi nawal kishore purchased from the plaintiffs 500 shares owned by them in the cawnpore cotton mills company for a consideration of rs. 40,000. a contract in writing was signed by munshi nawal kishore. it was agreed that the price should be paid and the share-certificates delivered on the 25th of .....

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Dec 31 1969 (HC)

Abdul Kadir Vs. Salima and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All149

..... the muhammadan law. under that law marriage does not make her property the property of the husband, nor does coverture impose any disability upon her as to freedom of contract. the marriage contract is easily dissoluble, and the freedom of divorce and the rule of polygamy place a power in the hands of the husband which the law-giver intended to restrain ..... intercourse, and that which is implied therein and from journeying with her, even though after connubial intercourse and retirement to which she has consented, because all connubial intercourse has been contracted with her, and the rendering of some does not imperatively require the rendering of the rest. this right is for the purpose of obtaining what has been stated as prompt ..... dealing with the first point, i adopt the language employed in the tagore law lectures (1873) in saying that 'marriage among muhammadans is not a sacrament, but purely a civil contract; and though it is solemnised generally with recitation of certain verses from the kuran, yet the muhammadan law does not positively prescribe any service peculiar to the occasion. that it ..... this view of the case the reference cannot, in my opinion be satisfactorily answered without considering, first, the exact nature and effect of marriage under the muhammadan law upon the contracting parties; secondly, the exact nature of the liability of the husband to pay the dower; thirdly, the matrimonial rights of the parties as to conjugal cohabitation; and fourthly, the rules .....

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Dec 31 1969 (HC)

inayatullah Vs. Gobind Dayal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All775

..... digest, on which the learned judges of the calcutta court relied, that they owe their origin to extremely technical rules of the muhammadan law of contract, procedure or evidence, in none of which departments of law are we bound by those technicalities. the muhammadan substantive law, in matters governed by ..... goes far to show that this conclusion cannot be right. if by the expression 're-purchase' is meant the institution of a new contract of sale other than that entered into by the vendor and the vendee, the hypothesis becomes obviously erroneous, because the entire argument, that the ..... interpretations, they adopted the more lenient one, acting upon the presumption that a legal obligation does not exist till expressly provided, and that all contracts are lawful unless expressly prohibited by law. the law, therefore, as it stands, does not oblige the vendor to give notice of the projected ..... right of preemption does not prohibit sale in general regardless of the purchaser, of the amount of the price, and other terms of the contract of sale; and because the right is in its very nature incapable of being asserted or exercised till these matters are definitely ascertained, it ..... once belonged to it. the consent of fellow-villagers, according to the mitakshara, is required for the publicity of the transaction merely; but the contract is not invalid without their consent. the consent of neighbours tends to obviate future disputes concerning boundaries. the consent of kinsmen and co-parceners .....

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Dec 31 1969 (HC)

Bhagwat Das Vs. Parshad Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All602

..... but the mortgage-deed contains no such stipulation in express language, and the courts have to decide whether any such stipulation was implied in the contract of mortgage.18. in the present case i am of opinion that because the terms of the mortgage itself do not expressly state that the mortgage ..... either in foreclosure, or in obtaining possession of the mortgaged property, or in bringing such property to sale, according as the terms of the mortgage contract itself may be. but whether the debt is a simple money-debt or a debt secured by mortgage, one element is common to them all, namely ..... latter a security of property is given as the means whereby such obligation is to be discharged. the difference rests, not in the essence of the contract but in the modus operandi agreed upon by the parties in respect of discharge of the obligation of the debt. in the case of a simple ..... have already said, the nature of the mortgage being usufructuary, the period of enjoyment of possession by the mortgagee would form a substantial part of the contract, lending force to the contention that such possession and enjoyment could not be put an end to at the will of the mortgagor before the expiry ..... upon the mortgagee and that the mortgagor can enforce redemption even before the expiry of the stipulated period. a mortgage is only a kind of contract whereby certain rights and obligations are created as between the mortgagor and the mortgagee. such rights and obligations may be subjected to any terms and .....

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Dec 31 1969 (HC)

Dwarka Prasad and anr. Vs. Chatarbhuj

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All388

..... practically, so far as this court is concerned, the question is concluded. unless a case of mutual mistake is shown, the parties must be held to have contracted according to the calendar year.4. this question does not, however, determine the fact of this appeal. in either view of what the parties may have meant ..... other man believed it to be. the result would be that a court of law would be bound to hold the contract to be void. that is a state of things to which patwaris, if they think of these things, ought to pay attention, and not to persist ..... be two totally different dates separated by nearly three months interval at which the same calendar year may commence, would be to create disastrous confusion in all contracts depending on such calendar year's. for example, if we were to hole that 1298 fasli, which did in fact commence on the 29th of september ..... described as the asarh of 1298 fasli with any correctness either in law or in fact. on proof of a mutual mistake the contract could be rectified, or, without rectification of the contract, effect could be given to it according to the intention of the parties just in the same way as if rectification had formally ..... year. the result would be, if each side was found to tell the truth, that when they thought they had arrived at a contract, they had in fact arrived at no contract at all. there would in that case be no mutual mistake. each man believed that the fasli year was different from what the .....

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Dec 31 1969 (HC)

Muhammad Askari Vs. Radhe Ram Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All307

..... doubt and is supported by the authorities cited by the learned chief justice in his judgment. therefore, since the enactment of section 43 of the contract act, the recovery of a judgment against one of several joint debtors does not bar a subsequent suit against his co-debtors. the result is ..... in rahmubhoy hubibbhoy v. turner (1890) i.l.r. 14 bom. 408, scott, j., in the first court said that 'section 43 of the contract act ix of 1872 is not perhaps quite clear whether a complete adoption of the english rule is intended.' he, however, applied the decision in hemendro coomar ..... 37. similarly in lukmidas khimji v. purshotan haridas (1882) i.l.r. 6 bom. 700, mr. justice latham expressly held that section 43 of the contract act materially altered the rules of the english common law, and disallowed an objection by a partner defendant that the other partners should have been joined as defendants ..... applicable where the liability sought to be enforced is joint and several. that being so, how does the matter stand in india? section 43 of the contract act provides: 'when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any ..... the plea in abatement would formerly have been dealt with. in india that right of joint debtors has been expressly excluded by section 43 of the contract act, and therefore the basis of the doctrine being absent, the doctrine itself is inapplicable. cassante ratione legis, cessat ipsa lex.4. that this .....

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Dec 31 1969 (HC)

Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All294

..... ) man on that which belongs to another.' then follow several illustrations from the growing of crops, &c.; this is the illustration given in sloke 53: '53. but if by special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this world as sharers of .....

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