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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Year: 1969 Page 6 of about 110 results (0.023 seconds)

Dec 31 1969 (HC)

The Delhi and London Bank Limited Vs. Ram Narain

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All497

..... 27th june 1884, was void by reason of the injunction of the 12th june 1884. for that proposition no authority is cited. it is contended that section 23 of the contract act applies, on the ground that the object of the mortgage was of such a nature that, if permitted, it would defeat a provision of law, that is, the injunction ..... . it appears to me that section 23 of the contract act does not apply to this case. it might apply if there were any provision of the law by which a mortgage under these circumstances would be void or illegal .....

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Dec 31 1969 (HC)

Muhammad Allahdad Khan and anr. Vs. Muhammad Ismail Khan and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All289

..... there is nothing on the record to show that any evidence was in fact excluded, not in the broad sense in which i use the word excluded, but in the contracted sense of exclusion by a rule or order of the judge. that proposition put so broadly, i am bound to say, i do not concur in. because with regard to .....

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Dec 31 1969 (HC)

T.H. Condon and A. Butterworth Vs. the Muir Mills Company, Limited of ...

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All410

..... transferors and the transferees, the purchase money had been paid, and the transfer deeds in each case executed by both transferor and transferee. on a sale of shares the seller contracts to execute a valid transfer and to hand the same to the transferee. skinner v. city of london marine insurance co. (1885) 14 q.b.d. 882. he does not ..... contract that the company will register the transfer. london founders association v. clarke (1888) 20 q.b.d. 576. it is the duty of the transferee to get himself registered. paine .....

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Dec 31 1969 (HC)

NaraIn Das and anr. Vs. Ram Saran Das

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1898)ILR20All419

..... in which the government revenue was to be paid by the co-sharers of the village and by the muafidars. if it had been intended that the custom or the contract of pre-emption should apply to muafidars, nothing could have been easier than to add a few words to the wajib-ul-arz. nothing of the kind has been done .....

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Dec 31 1969 (HC)

Deojit Vs. Pitambar and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All275

1. this case differs widely from the one to which reference has been made martin v. pursram h.c.r. n.w.p. 1867 p. 124. if the debtors had described themselves as the owners of certain property and then gone on to pledge their rights and interests, it would have been reasonable to refer the indefinite expression to the description. in this case the debtors simply describe themselves as residents in a place and pledge 'kul haq haquk.' this case falls within the principle of the decision see e.g. ram baksh v. sookh deo h.c.r. n.w.p. 1869 p. 65 that a general hypothecation is too indefinite to be acted upon. under the contract act, section 29, an agreement is void if its meaning is not certain or capable of being made certain, and under section 93 of the evidence act, where the language of a deed is, on its face, ambiguous or defective, no evidence can be given to make it certain. the courts below have, however, found that the deed was not proved, and by this finding we are bound. our observations on the other issue are intended to impress upon money-lenders that distinctness in the description of property mortgaged is essential. the appeal fails and is dismissed with costs.

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Dec 31 1969 (HC)

Shib Lal Vs. Azmat-ullah and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All265

..... granting the relief contemplated by section 68 of act no. iv of 1883, plus the right to ask for the sale of the property in satisfaction of the debt as contracted for by the mortgage.' the latter portion of the sentence which we have quoted was probably not sufficiently explicit: it was not intended to suggest that a usufructuary mortgagee as .....

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Dec 31 1969 (HC)

Mahipal Kuar Vs. Sheoratan Kuar and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All258

..... the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds applied, so far as may be necessary, in payment of the mortgage-money .....

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Dec 31 1969 (HC)

Bhawani Prasad and anr. Vs. Ghulam Muhammad and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All121

..... the village. the object of the legislature in enacting section 7 was to provide some sort of protection to proprietors of land whose rights were parted with either by private contract or auction sale. the legislature intended that such proprietors should not be cast on the world, but should still be left with some interest in the lands which they had .....

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Dec 31 1969 (HC)

Hardeo Das and anr. Vs. Hukam Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All322

pearson, j.1. the appeal must, in our opinion, prevail. the lower court has erred in applying the provisions of section 210, act x of 1877, to this suit, which is not a mere suit for money but asks for the recovery of the amount of a bond-debt by the sale of the property hypothecated in the bond section 210 was not intended to enable the courts to set aside and over-ride such a contract as that on the basis of which the present claim is laid. the security over the hyothecated property which it gave for the payment of the debt would be of little value, if it could be so set aside and over-ridden. the plaintiffs are entitled to an award against the defendants of the principal sum (rs. 12,000), with interest at the rate of twelve per cent, per annum to date of decree, and to interest from the latter date to the date of realization at the rate of six per cent, per annum, and to their costs with interest thereon at the same rate; and to be empowered to recover the amount of the bond-debt by the sale of the hypothecated property. the decree of the lower courts is modified accordingly; and the costs of this appeal are allowed.

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Dec 31 1969 (HC)

The Delhi and London Bank Ltd. Vs. Chaudhri Partab Bhaskar and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1899)ILR21All29

..... purchaser was inserted in the certificate fraudulently or without the consent of the real purchaser.*[section 260.--when the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights or for the perform-decree for specific per- ance of or abstention from any other particular act has beenformanee or restitution of made, has ..... the 9th paragraph it is alleged that the said properties were purchased at the sale of the 24th of december 1892, on behalf of the principal defendant, and any subsequent contract cannot affect the plaintiff's right. from this 9th paragraph has been developed the further case, viz., that the sales of the 24th of december 1892 were no sales at .....

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