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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Page 6 of about 3,863 results (0.026 seconds)

Jul 25 1932 (PC)

Thomas Merthyr Colliery Co. Vs. Davis (H. M. Inspector of Taxes).

Court : Kolkata

Reported in : [1933]1ITR12(Cal)

..... the election of a third party, who was to decide whether the conditions were or were not fulfilled (an indemnity which probably, though i do not base myself upon this, is based upon a contract in restraint of trade and therefore unenforceable), would be a taxable gain or profit arising or accruing from the ..... do not think it is necessary to-decide it here, that it would be very difficult to argue successfully that, if the gains accruing from this indemnity were taxable profits, the premium which was paid for the purpose of earning those profits was not itself a disbursement or expense to be taken into ..... requirements of its own. but, however that may be, i am clearly of opinion that an expenditure in respect of the possibility of receiving that indemnity so controlled by a third party would not be one which could be said to be 'wholly and exclusively laid out or expended for the purposes ..... restriction or a cessation of output at the colliery in consequence of the member acting in compliance with the direction of the association, the indemnity may be paid; there again, whether the output of coal be restricted, or whether a direction of this association result in a cessation of output - ..... decision, or be not ratified by the association, then they are not liable to pay the money which otherwise they might be liable to pay as indemnities under clause 81 and the subsequent clauses. then, as the attorney-general has pointed out, it is not limited to strikes. in the case of .....

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May 11 1932 (PC)

Abdul Latiff Vs. Gopeswar Chattoraj

Court : Kolkata

Reported in : AIR1933Cal204

..... one or more partners from agreeing to indemnify the others against loss, or to prevent full effect from being given to a contract of partnership containing such a clause of indemnity.8. judged by the tests laid down in the propositions quoted above the terms of the agreement, such as they have ..... law, but of fact that there is a partnership yet whether the relation of partnership does or does not exist must depend upon the whole contract between the parties, and that circumstance is not conclusive.6. on the other hand an agreement to share all profit and all loss is an ..... the loss, and this distinction becomes important when a question arises in connexion with their dealings with third parties. 'partnership' is defined in section 239, contract act, and 'agency' in section 182, and although every partner is an agent of the firm and his other partners for the purposes of the ..... , because the defendant had engaged in a business which as a legal practitioner it was not open to him to do, and that the real contracting parties were the plaintiff and the defendant. (their lordships then discussed evidence and proceeded.) the essential ingredients of the transaction were that the business was ..... which it was brought was maintainable. the subordinate judge held that the business in question was a partnership business within the meaning of section 239, contract act, that the plaint was framed as if the relations between the parties were as those of principal and agent, while in reality the parties .....

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Apr 22 1931 (PC)

(Maharaja Sir) Manindra Chandra Nandi Vs. Sudir Krishna Banerjee and o ...

Court : Kolkata

Reported in : AIR1932Cal182,136Ind.Cas.893

..... seeing that the prayer for relief against all the, defendants and against the estate was there. defendant 2 understood quite well that it was the indemnity to which the plaintiff desired to be surrogated as is evident from the passages from the written statement quoted above.31. we accordingly feel no ..... guardians of infants or the managing members of joint families or heads of religious endowments have or have not been allowed to be subrogated to the indemnity which such guardians, managing members or heads of religious endowments may have against the respective estates. we do not refer to those cases because ..... carrying on of the testator's business for the period of three years that they did. whatever right therefore the executors may have to an indemnity as between themselves and the beneficiaries, they had no such right as against the creditors.25. from the cases cited above the proposition may be ..... the course of the administration, for the purposes of the estate is personally liable for the payment of such debts, subject to his right of indemnity against the estate upon proof that the borrowing was in all respects proper and for the benefit of the estate. in that case the borrowing ..... to the necessary extent, and unless the right of the executor to the indemnity is established the creditor has none as against the estate. we are speaking here of simple cases of loans on promissory notes or hatchittas or other contracts, that is to say, cases where no charge has validly been created .....

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Jan 13 1931 (PC)

In Re: Shaw Wallace and Co.

Court : Kolkata

Reported in : AIR1931Cal676

..... damages and the question of indemnity doubtless would overlap in the circumstances of these agencies, and in the case of the burmah oil company we knew that the sum of rupees 12 lakhs ..... of the figure that is arrived at by means of the application of that test.13. no doubt cases like the present where the assessees had no contract for a fixed term of years may present features which render this line of reasoning less convincing. when a clerk is given three months wages 'in ..... that exemption, the circumstance that the receipt is casual or nonrecurring does not ground any claim to resist the tax. but if a has a favourable contract of service for ten years at a salary of 500 per annum more than any other employer would give him, and if at the end of ..... no meaning in the section; and it is at least arguable that what the draftsman meant to say is that when there is no express or implied contract that the agency should continue for any fixed period reasonable notice must be given of the revocation or renunciation of the agency &c.; the question of ..... principal, yet this rule is subject to exception arising from the particular circumstances of the case: and in india the matter has been dealt with by the contract act. section 206 lays down:reasonable notice must be given of such revocation or renunciation: otherwise the damage thereby resulting to the principal or the agent, .....

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Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. B.B. and C.i. Ry. Co. Ltd. and anr.

Court : Kolkata

Reported in : AIR1931Cal489

..... packages were in good condition.5. the next point is whether the railway company has got an absolute indemnity under the terms of the risk-note. now, lit appears to be clear from the risk-note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the conditions of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. the Bombay Baroda and Central India Railway C ...

Court : Kolkata

Reported in : 131Ind.Cas.31

..... packages were in good condition.4. the next point is whether the railway company has got an absolute indemnity under the terms of the risk note, now, it appears to be clear from the risk note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the condition of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Nov 20 1929 (PC)

Meherulla Vs. Sariatulla

Court : Kolkata

Reported in : AIR1930Cal596

..... 826, at p. 398.4. in the case of consolidated exploration and finance co. v. musgrave [1900] 1 ch. d. 37, it was held that any indemnity given to bail whether by the person bailed or another, is illegal. it is essential that the person giving bail should be interested in looking after the accused and, ..... of his principal's conduct, the surety has no interest in taking care that the condition of the recognizance is performed. therefore, it is held that a contract like this is tainted with illegality. following this rule it was held in prosanna kumar chakravarty v. prokash chandra butt [1915] 28 i.c. 560 and ..... decreed the suit. against that order the petitioner has obtained the present rule.2. the trial court has proceeded upon the view that there was an implied contract by the defendant to indemnify the plaintiff upon the bail bond. it is pointed out on the other side that the bail bond itself is not on ..... and cannot be enforced.5. it is contended in behalf of the opposite party that although there may not be an express contract, sill there may be an implied contract. but under section 9, contract act, the difference between the promises express and implied is that the former is made in words, while the latter is ..... duly appear on the date fixed for the hearing. but i do not think that the implication went any further and that there was an implied contract that the accused should either appear on the date fixed or pay the amount which his surety had to pay. it may be noticed here that .....

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Jul 02 1929 (PC)

Bindu Bhusan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Reported in : AIR1930Cal568

..... sale. the purchasers' rights stated in para. (3) and para. (6)(b) depend on payment having been made by him and not on the contract alone.8. before that passage they say that except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph ..... clauses (a) and (b), para. 5, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f), para. 1, para. (2), para. (4)(b), para. (5)(c), (d) and para. ( ..... commentaries of shephard and brown on the transfer of property act, edn. 7. at p. 192 the learned authors say:the distinction between the antecedent contract and the conveyance between the duties of the parties before and after the sale is not clearly marked in the section. the rules contained in para. 1 ..... of the section, or under the covenant for title or some express contract for compensation, the purchase money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or of ..... any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area of .....

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Jul 02 1929 (PC)

Bidhu Bhushan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Reported in : 128Ind.Cas.183

..... sale. the purchaser's rights stated in para, (3) and para. (6)(6) depend on payment having been made by him and not the contract alone.' before that passage they say that, except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph of ..... and (b) of the fifth paragraph, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f) of the first paragraph, para. 2. para. (4)(6), para. (5)(c),{d) and pars ..... commentaries of shephard and browne on the transfer of property act, seventh edition. at page 192, the learned authors bay: 'the distinction between the antecedent contract and the conveyance, between the duties of the parties before and after the sale, is not clearly marked in the section. the rules contained in the ..... the section, or under the covenant for title or some express contract, for compensation, the purchase-money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or ..... of any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area .....

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Feb 28 1929 (PC)

Rajendra Narayan Basu Sarbadhicary and ors. Vs. Debendra Nath Mukhopad ...

Court : Kolkata

Reported in : 123Ind.Cas.241

..... his trust estate, i cannot myself see why the person who has recovered judgment against the trustee should not have the benefit of his right to indemnity and go direct against the trust estate or the assets, as the case may be, just as an ordinary creditor of a business carried on by ..... to be indemnified out of the estate of the testator, plaintiffs who have recovered judgment against the executor should, have the benefit of this right to indemnity and should realise their dues from the assets of the testator. in this connection the following observations of mr. justice byrne in the case of raybould v ..... claims by the testator's creditors) to be indemnified out of the testator's estate against the liabilities which they had properly incurred, and that the indemnity was not limited to that portion of the assets which had come into existence or changed its form since the testator's death. it is not ..... . 1 is entitled to be indemnified out of the testator's estate against the liabilities which he has properly incurred. it is contended that the indemnity should be limited to the putni acquired by the executor and as the putni has already been sold the executor should be held personally liable for the ..... .t. 809 : 40 w.r. 17 above referred to, applies to the facts of the present case. the plaintiffs with whom the executor contracted to pay rent stand in the shoes of the executor and have the same indemnity as the executor has against the testator's estate and the executor has a right to an .....

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