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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Year: 1969 Page 3 of about 110 results (0.018 seconds)

Dec 31 1969 (HC)

W.F. Legge Vs. Balkishen Das and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All434

..... of the iqrarnama, the surrounding circumstances and the oral evidence, we have come to the conclusion, in concurrence with the court below, that the contracting parties intended the transaction to be one of mortgage by conditional sale, and not an absolute sale with a right to repurchase. this case is therefore ..... he retained in his hands the equity of redemption of the property in question. it is not likely, therefore, that he entered into a contract of the nature alleged by the defendants. a third circumstance is the form adopted--a form commonly used in these provinces to represent a bai-bil ..... are therefore of opinion that the iqrarnama of the 4th of february 1873, itself affords intrinsic evidence showing that the transaction was intended by the contracting parties to be one of mortgage and not an absolute sale with a right of repurchase.13. there are many extraneous circumstances which we think ..... -wafa or mortgage by conditional sale. in our opinion it is necessary to bear these facts in mind in considering what the intention of the contracting parties was when they entered into the transaction.7. as we have stated above, taluqa pataila, the property which the plaintiff seeks to redeem in ..... the right of repurchase was a genuine document. with the exception of the documents themselves there was no evidence to show the intention of the contracting parties in regard to the transaction. on this point we have satisfied ourselves by a reference to the records of the case. this being so .....

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Dec 31 1969 (HC)

Khadim HusaIn and ors. Vs. Narindra Bhadur Pal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All581

..... that the interest on payment of which in addition to the principal money a mortgagor may prevent foreclosure or sale or obtain redemption is the interest which be contracted to pay, and the payment of which was secured by the mortgage-deed. those who were responsible for the drafting of the transfer of property act, 1882 ..... non-payment on the due date of the money due under a registered mortgage-deed, if the suit was not brought within six years of the breach of contract.12. turning now to act no. iv of 1882, it seems to us to be clear, upon a comparison of the provisions of sections 83, 84 ..... be allowed depend, not upon the agreement of the parties, but entirely on the discretion of the court. it is allowed as compensation for the breach of contract, in the one case to pay at the time certain, and in the other case for non-compliance with demand in writing, and is damages, although ..... , competent to a court in its discretion to allow interest after the date certain under act no. xxxii of 1839, provided that the parties have not contracted themselves out of that act. it is seldom that the provision in the act enabling a court to allow interest when a demand in writing has been ..... seeds, but, until taught by bitter experience, he has but the most hazy conception of legal phraseology. it would be as reasonable to construe a doubtful contract between a spider and a fly against the fly as it would in these provinces be to construe a doubtful provision in a mortgage-deed against the mortgagor. .....

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Dec 31 1969 (HC)

Bithal Das Vs. Shankar Das Dube

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All265

..... , and in every one of the many cases connected with this riasat, which up to the present have been before this bench, the debts had been contracted after the date of the agreement of june 17th, 1889. for that reason therefore, and not because (as the lower court holds) the appellant had ..... personal expenses. neither the riasat nor hari har dat's former interest in it remained any longer liable for any debt which hari har dat might contract after the date of the agreement.12. there is no ground whatever for supposing that this agreement was entered into for the purpose of defrauding creditors ..... executed and not an executory consideration, and that therefore, with the reference to the definition of the word 'consideration' in section 2 of the indian contract act, that consideration was a bad consideration, and that raja shankar dat took nothing under the agreement. he contends that no express request moving from hari ..... second, third and part of the fourth paragraphs treat of the management of the riasat, and take away from raja hari har dat all power of contracting debts binding the riasat or of in any way incumbering it, and em-power the younger brother to remove raja hari har dat from the management ..... be no doubt that of the debt in which the estate was. involved by far the greatest portion, amounting to several lakhs of rupees, had been contracted by raja hari har dat. consequently, when consenting to the court of wards taking over his interest in the riasat, and so giving a good title .....

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Dec 31 1969 (HC)

Empress of India Vs. Sarmukh Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All237

robert stuart, c.j.1. this is a reference for confirmation of a capital sentence passed on the accused sarmukh singh by the sessions judge of agra under these circumstances: on the recent occupation by the british of the island of cyprus, situated in the mediterranean, and within the empire of european turkey, one of the regiments forming part of the military forces on the occasion was an indian regiment, the 13th native infantry, and in the regiment was a man named sarmukh singh. on the night or early in the morning of the 21st of august 1878, while the regiment was still at cyprus, another sepoy named dewa singh came to his death by a shot from a rifle fired, it was believed, by sarmukh singh. he was at once placed in custody by the military authorities, and on the return of the regiment shortly after to agra, in the north-western provinces of india, he was handed over to the civil court of that district for trial, and the case came before the cantonment magistrate of agra for the purpose of commitment. but the cantonment magistrate believing that he had no jurisdiction to entertain the case ordered the prisoner to he at once sent back to the commanding officer of the regiment, with an intimation to that effect; whereupon an application for revision under section 297 of the criminal procedure code was made by the government to this court complaining of the magistrate's proceeding, and praying that he be ordered to inquire into the charge against the accused, with a view to .....

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Dec 31 1969 (HC)

Gopal Das Vs. Fateh Mahammad

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All424

..... was imperfect, that is, insufficient to satisfy the requirements of section 258 of the code, because the creditor, whilst admitting the creation of a separate contract, took care to say that the decree was to be kept alive, and the attachment thereunder was to subsist. this is not a sufficient compliance with ..... -hand executed by the judgment-debtor in favour of the decree-holder, which must also be regarded as included in the scope of the. new contract, as substituting a new obligation in lieu of a document creating an obligation in favour of the decree-holder and providing a method of payment. ..... the 11th january 1881, was intended by the parties as a performance of the obligation created by the decree, by substituting a fresh obligation founded upon contract. but that is not the real matter before us, and the question really is whether, whatever may have been the effect of the agreement, the ..... judgment-debtor. i am unable to hold that the arrangement entered into contemplated, or had the effect of, cancelling the decree and substituting a new contract in its place. all it did was to provide means by which the decree, together with another small sum due by the judgment-debtor to the ..... writing, which saves limitation. the other objection is, that the decree is no longer fit to be executed, since it was superseded by a new contract under the instrument of the 11th january 1881. it appears that execution had been taken out, by attachment and sale of a mortgage bond infavour of .....

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Dec 31 1969 (HC)

Brown Vs. A.L. Seale

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All710

..... , for a mortgagor in that case retains in his own person not only the equity of redemption, but the right to pay up the debt on the contract made by it, such contract being the contract of the mortgagor himself, and not that of any delegated agent or attorney. for these reasons my answer to this reference is that the sale-deed is ..... the contract already made into effect. now, in the present case everything was left to mr. beresford, the confidence and discretion of the executors was delegated or transferred to him, and he ..... the deed of appointment by attorney (at p. 180).' the meaning of this as applied to the present case is simply that, where the executors or donees themselves make the contract, its execution and completion by deed may be by attorney; that attorney, however, exercising no confidence or discretion or judgment, but merely being the agent or officer deputed to carry ..... the bank is simply, and without any reason assigned, directed to sell and negotiate the sale of the houses and property. there is no direction simply to make a subsidiary contract, or to receive offers, which offers are to be communicated to, and considered by, the executors, but a power to negotiate and conclude a sale, and to sell, in the .....

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Dec 31 1969 (HC)

The Bank of Bengal Vs. Cohen

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All598

..... say i entirely agree with them. the appeal must be dismissed with costs.*exclusion of evidence of oral agreement.[section 92:--when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ..... was no consideration for it but it is equally plain that a defendant may not allege an oral agreement, that contradicts or operates in defeasance of a clear contract, which appears upon the face of a written instrument. the law upon this point may be found fully discussed in alrey v. crux l.r. 5 ..... was no doubt framed in accordance with the current of english decisions upon the question of how far parol evidence can be admitted to affect a written contract, and this court must take care in placing a construction upon it, not to create a precedent, that would open the door to indiscriminate parol proof ..... even under clause 3, section 92 of the evidence act. the whole argument for the defendant has proceeded upon a somewhat loose view of the law relating to contracts, as far as it affects negotiable instruments, and the relative position of drawer, payee, and acceptor of a bill of exchange seem to have been entirely ..... but i am disposed to hold that the oral agreement set up is not one that contradicts, varies, adds to, or subtracts from, the terms of the contract, and that both provisos 2 and 3 of section 92 * of the evidence act might apply to his case.3. i do not, however, think that .....

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Dec 31 1969 (HC)

Nanak Ram Vs. MehIn Lal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All487

..... bond has been executed, and the money advanced to the principal debtor, the creditor feeling anxious about the sufficiency of the security, took the contract of guarantee from the surety. in this deed the surety simply promises to make good any deficiency if the property hypothecated by the obligor of ..... , be considered to be characterised by, has not prevented us from applying the plain language and the very clear meaning of section 127 of the contract act, and we now do that by dismissing the present special appeal with costs.spankie, j.11. both parties admit that the instrument on which ..... have remarked, they, strictly speaking, form no part. with respect to the present case, plainer language than that, used in section 127 of the contract act it would he difficult to imagine, and why it should have been thought proper to illustrate it at all i do not very well comprehend. appended ..... for the benefit of nanak bam the lender alone, and, if so, there was undoubtedly no consideration within the meaning of section 127 of the contract act. against the conclusion, indeed, there appears to be nothing in the case excepting the language of the two documents themselves and any general inference ..... executed and delivered his separate engagement, the money bad already passed from the hands of the lender to kalka prasad his borrower, and on a contract which made the latter safe for at least three years, and he had therefore nothing to fear from any dissatisfaction or objection that might subsequently .....

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Dec 31 1969 (HC)

Pragi Lal Vs. Maxwell and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All284

..... the plaintiff should recover, and the defendant be driven to a cross-suit. and so, in the case before us, the claim springs out of the same contract which the plaintiff seeks to enforce, and can be readily determined in this suit, and it is equitable that it should be so determined.7. there is another ..... composing the claim are barred by limitation, and they claimed a set-off as damages for loss incurred by the plaintiff's failure to supply all the wood contracted for.5. the lower appellate court, modifying the decree of the first court, has held that the plaintiff's claim is not barred by limitation, but that ..... consequence of his failing to supply wood. after that date no further wood was supplied, and it is admitted that the plaintiff failed to supply all the wood contracted for.3. the present suit has been brought on the 10th october 1882, to recover the above sum of rs. 1,367-10-9 with interest.4. ..... that the price of the wood was not claimable as of right on the date of its being supplied, but rather when the contract was completed, by the whole wood being supplied, or when the contract came to an end. i would apply article 53, and hold that no portion of the plaintiff's claim is barred by ..... , and as a matter of fact the defendants did not keep hira to the strict terms of the contracts, but received wood after the dates specified in the contracts had expired, and it appears that the plaintiff received payment for what he supplied from time to time, and on the 11th november 1879, he .....

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Dec 31 1969 (HC)

Girjadat and anr. Vs. Janki

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All482

..... but the vendee paid the purchase-money and got possession; he was entitled to possession and to bring an action against the vendor for specific performance of the contract for sale, and to obtain an actual transfer of the legal estate, which could then be registered. these rights he might enforce either at once, or, if ..... 1882 being neither a sale nor a mortgage within the meaning of that document. on the other hand, even if that transaction is to be treated as a contract for sale, i should say that the suit was premature.6. for these reasons i would decree the appeal, and, reversing the decision of both the lower ..... registered sale-deed in favour of a co-sharer other than the pre-emptor, or in favour of a purchaser for value without notice of the so-called contract for sale, it is difficult to conceive how the pre-emptor, who has succeeded in a suit like the present, could resist the claim of such ..... a decree for specific performance having been obtained, it would then operate in derogation of the pre-emptor's right. now, in the first place, such a contract may never be enforced, and if it is enforced, then such a decree could only result in a sale-deed properly executed in reference to section 54, and ..... one nor the other.4. there appears to be nothing in the transfer of property act which prevents any one from entering into a contract for sale of the nature mentioned in the penultimate paragraph of section 54 by parol or by an unregistered document. it has been said that such a .....

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