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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: chennai Year: 1900 Page 1 of about 9 results (0.048 seconds)

Dec 08 1900 (PC)

immudipatian Thirugnana Kondama Naik and anr. Vs. Periya Dorasami and ...

Court : Chennai

Decided on : Dec-08-1900

Reported in : (1901)ILR24Mad377

..... was effected in the mode required by law; and that the intended transferee cannot now call for implement of the intention because he fails to show any contract founded on valuable consideration.18. the mortgagee has been added as a respondent in these appeals. mr. mayne now asks that he may be relieved from ..... transfer.16. with such imperfect evidence on the face of the documents it was imperative on the defendant that in order to avail himself of an antecedent contract he should, by his pleadings and evidence, have put it in a proper course of trial. not having done so, he has been rightly adjudged to ..... mr. mayne has argued the case very fully on the supposition that it is open. so treating it their lordships cannot find that the existence of a contract for valuable consideration between the defendant and ovala is proved by the mortgage deed. it is suggested that the transfer was part of a general family arrangement ..... was not put in that way in the court below, and that no evidence was tendered upon it. clearly it was for the defendant to allege a contract between himself and ovala, founded on valuable consideration, that ovala should cease to be owner and that he should become owner. in the absence of such ..... . it is contended that though the mortgage may fall short of an actual transfer it shows a good contract for one and that the defendant may now call upon ovala's heir to implement that contract. certainly if such a right exists it would be an answer to the plaintiff's claim and the .....

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Oct 18 1900 (PC)

Uthanganakath Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1900)10MLJ349

..... the obligation arising under a covenant for title such as was in question in the case cited i.l.r. 21 m. 8. the obligation to pay arises from the contract between, vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from i.l.r. 21 m. s. in ..... remedy to the benefit of the six years given by article 116 since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has been broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been .....

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Oct 18 1900 (PC)

Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1901)ILR24Mad233

..... a covenant for title such as was in question in the case cited (krishnan nambiar v. kannan i.l.r. 21 mad. 8. the obligation to pay arises from the contract--between vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from krishnan nambiar v. kannan i.l.r ..... , to the benefit of the six years given by article 116, since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has bean broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been paid .....

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Oct 16 1900 (PC)

The Municipal Council Vs. the Standard Life Assurance Company

Court : Chennai

Decided on : Oct-16-1900

Reported in : (1901)ILR24Mad205

..... in this, there was an agent employed to canvas and take orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of .....

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Oct 12 1900 (PC)

The Municipal Council Vs. the Standard Life Assurance Company

Court : Chennai

Decided on : Oct-12-1900

Reported in : (1900)10MLJ401

..... in this, there was an agent employed to canvass, and take orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of .....

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Sep 11 1900 (PC)

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Decided on : Sep-11-1900

Reported in : (1901)11MLJ91

..... of the judgment is, to say the least, consistent with the existence of the opinion on the part of the judicial committee, that the making of the contract not being a part of the cause of action, the fact that it was made out of the jurisdiction wars immaterial, and did not preclude the court ..... considered the place where it was made to be a matter perfectly indifferent. the suit was not one for a breach of any term of the partnership contract, but rather as appears what in english pleading would be called an action on an account stated, the statement of such account having taken place within the ..... , the first of them.' the decision may rather, it seems to me, be treated as one involving this, that in such circumstances as there existed, the contract of partnership on the footing of which transactions were engaged in, was not a part of the cause of action, and that not being a part of the ..... performed is 'its seat and the place of jurisdiction. that place of expected performance may be determined by the circumstances of the case, and 'in a contract of partnership its main seat is the place at which 'each of the partners is be und to pay what may be due.with all respect for the ..... ' as used in the earlier county courts act and the common law-procedure act, 1852. the law, however, at any rate as regards actions founded on contract, is now well settled. the most recent english decision with reference to a cause of action arising within specified local limits is the decision of the court of .....

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May 03 1900 (PC)

Ramabhadrachar Vs. Srinivasa Ayyangar and ors.

Court : Chennai

Decided on : May-03-1900

Reported in : (1901)ILR24Mad85

..... state that the lands are sold free from incumbrances. the total purchase price was rs. 10,500. nine days after the sale on august 18th, 1886, krishna ayyangar gave an indemnity bond (exhibit i) to the plaintiff, this bond, after reciting the mortgage to rangayya goundan and stating that rs. 5,000 is due in respect of krishna ayyangar's share ..... in equity by reason of the fact that he took with notice. see austerberry v. corporation of oldham l.r. 29 ch.d. 750 in our opinion there was no contract to the contrary within the meaning of section 82, and the plaintiff is entitled to rateable contribution.7. as regards the calculation of the contribution, the figures appear to be ..... ,626, a quarter of this amount, before he can claim contribution from the other properties.5. this question depends upon the construction of the words 'in the absence of a contract to the contrary' in section 82 of the transfer of property act. having regard to the principle upon which the equitable doctrine of contribution is based, as illustrated [in the ..... were only to be liable in the event of the security of the properties liable in the first instance being insufficient.6. in the present case the contract which, it is contended, is a 'contract to the contrary' which prevents the application of the doctrine of rateable distribution, was nothing move than a partition amongst the co-parceners of an undivided hindu .....

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Mar 21 1900 (PC)

Raghava Charry Vs. Oriental Life Assurance Company

Court : Chennai

Decided on : Mar-21-1900

Reported in : (1900)10MLJ236

..... the periodical payments of 5 per cent. were intended to secure the continuance of the services of the plaintiff. this being the nature of the contract it may be that there was an implied undertaking by the company to allow the plaintiff to continue his services and thus earn his commission, and ..... regard to the future he prays for a declaration. assuming that the contract was, as he alleges, i think the plaintiff has altogether mistaken his remedy. if he is entitled to anything it is damages which he ought to ..... and agent.' under the alleged contract the plaintiff seeks to recover a small sum, which, as he says, has accrued due to him since the determination of the agency and with ..... instrumentality 10 per cent. on the first premium paid and 5 per cent on every subsequent premium.2. the plaintiff's case is that the defendant contracted to pay the latter percentage as long as the premiums continued to be paid, irrespective of the continuance between the parties of the relation of employer ..... should not be adequately compensated in damages.3. but has the plaintiff succeeded in proving the alleged contract? on the defendant's side there is really no evidence as to what were the terms of the contract with the plaintiff. there is a bare letter of engagement written on behalf of the company and .....

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Oct 29 1900 (PC)

Srinivasa Ayyar Vs. Muthusami Pillai and ors.

Court : Chennai

Decided on : Oct-29-1900

Reported in : (1901)ILR24Mad246

..... effected by him during the term of his tenancy one half the produce of the seeds and fruit trees. under exhibit s there would, of course be no privity of contract as between perumal and any new tenant, but perumal, on the determination of the tenancy, would have the right to-recover, as against the landlords, half the produce of the .....

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