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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1911 Page 1 of about 19 results (0.019 seconds)

Apr 10 1911 (PC)

Kamini Debi Vs. Pramatha Nath Mookerjee

Court : Kolkata

Decided on : Apr-10-1911

Reported in : (1912)ILR39Cal33

..... be afforded an opportunity to examine, and, if necessary, to challenge the estimate. after the estimate has been settled by the court, the work will be entrusted (on a formal contract) to a firm of contractors selected or approved by the court; and as the work progresses, such portion of the fund in deposit as may be needed for the. purpose ..... be able to pay the contractors after calling for a report from some expert, and this procedure should be noted in the contract to execute the work, the court has ample power to give suitable directions, so that a proper contract to complete the repairs and to effect the necessary improvements on the property may be made, verified, and carried out under .....

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Sep 05 1911 (PC)

East Indian Railway Company Vs. Sispal Lal

Court : Kolkata

Decided on : Sep-05-1911

Reported in : (1912)ILR39Cal311

..... may affect the proof of the question, was the portmanteau delivered? but assuming non delivery to be proved, it cannot operate as a bar, there not having been in the contract between the parties a provision or an implication that should the goods delivered be taken without challenge at the time, right to recover for any undelivered article should be forfeited ..... wendell n.y. 306 : 35 am. dec. 562 it was held that the receipt of the goods alone, with no stipulation that they are accepted in full performance of the contract, does not constitute a waiver of claim for damages for which the carrier may be liable: alden v. pearson (1855) 69 mass. 342 and lesinsky v. great western despatch (1881 .....

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Aug 30 1911 (PC)

Moharaja Ram NaraIn Singh Vs. Odindra Nath Mookerjee and ors.

Court : Kolkata

Decided on : Aug-30-1911

Reported in : 13Ind.Cas.440

..... re-payment of the loan, and that if the debt remained unsatisfied at the end of that period, the plaintiffs might recover damages for breach of contract. it could never have been intended that upon failure of the plaintiffs to realise from a tenant the sum assumed in the deed to be payable by ..... plaintiffs found it impossible to collect the sums mentioned at the appointed time, there was a breach of contract with the result, that time ran from the date of each successive breach. we are unable to accept the latter contention as well founded. the document must ..... and that consequently six years ought to run from that date. on behalf of the defendant-appellant it is argued, on the other hand, that the contract was that a specified sum would be paid out of the income of certain properties at prescribed times towards the satisfaction of the debt, and that whenever the ..... 116 has to be read along with article 115, and the time within which the suit must be instituted is six years from the date when the contract is broken, or where there are successive breaches, from the date of the breach in respect of which the suit is instituted, or where the breach is ..... b. ruxton 4 c.l.j. 510 a suit to recover money due on a registered bond is a suit for compensation for the breach of a contract in writing registered within the meaning of article 116 of the second schedule of the limitation act: that view accords with the earlier decisions in nobocoomar v. .....

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Aug 25 1911 (PC)

Chowdhury Mohadeo Pershad Vs. Sheikh Pachkari and anr.

Court : Kolkata

Decided on : Aug-25-1911

Reported in : 13Ind.Cas.941

..... ejectment passed on the ground that he has broken a condition consistent with the provisions of the act and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.' apart from the question whether the legislature intended to apply this section to cases of transfers of holdings, it is necessary .....

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Aug 24 1911 (PC)

Jadunandan Prosad Singha Vs. Koer Kallyan Singh and ors.

Court : Kolkata

Decided on : Aug-24-1911

Reported in : 13Ind.Cas.653

..... proviso to section 92 of the indian evidence act indicates that the existence of a separate oral agreement constituting a condition precedent to the attaching of any obligation under a contract grant or disposition of property which has been reduced to the form of a document, may be proved. in fact, the cases mentioned by the learned vakil for the respondents .....

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Aug 21 1911 (PC)

In Re: Rudolf Stallmann

Court : Kolkata

Decided on : Aug-21-1911

Reported in : (1912)ILR39Cal164

woodroffe, j.1. the petitioner, one rudolf stallmann alias koenig, has been extradited to germany on a single warrant dated 1st august in respect of two alleged offences of cheating or obtaining money by false pretences. in the first case he is said to have cheated one von dippe, and in the second one rudolph kiepert. at the conclusion of the extradition proceedings lie submitted a written statement under section 3(6) of the indian extradition (act xv of 1903). the government however refused to refer the points of law raised by him to the high court. being in custody under the extradition warrant in calcutta, he accordingly applied for an order in the nature of a writ of habeas corpus to test the legality of such custody and of the warrant which was said to justify it.2. the advocate-genera i has objected that we have no jurisdiction to interfere. section 491 of the criminal procedure code, however, enacts that the presidency high courts may, amongst other things, direct that a person illegally or improperly detained in public or private custody within the limits of their ordinary original civil jurisdiction be set at liberty. it is not necessary to consider the wider questions which have been raised as to whether the writ of habeas corpus has or has not been altogether abolished, and as to the remedy or remedies, if any, available to persons in custody outside such limits. in this case the petitioner is within the local limits, and the section applies, unless those who say .....

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Aug 09 1911 (PC)

Lal Gopal Datta Chowdhury Vs. the Khorooriah Majozilla Zemindary Syndi ...

Court : Kolkata

Decided on : Aug-09-1911

Reported in : 13Ind.Cas.675

..... the provisions of the patni regulations should apply to the lease or that they ever considered the point. if those provisions would not apply to the contract that has been completed, the plaintiffs would none-the-less be entitled to a permanent lease.20. a cross-appeal has been preferred but the ..... it is not likely that the secretary concealed the fact that the bargain was concluded. moreover, that the appellant knew on the 11th october of the contract between bhupendra of barazillah and the company is clear from his letter of that date which runs as follows: 'the khorooriah majozillah (syndicate limited lave paid ..... the defendants should lease the property to them. sarat who, as we have said, seems a trust-worthy witness says that he informed manujendra that the contract had been completed, one or two days after the letter authorising delivery of possession was written, that is to say, about the 7th of september. ..... the terms agreed upon. the earned counsel for the appellant has referred us to numerous cases decided in england which deal with the question when a contract to be gathered from letters, etc., can be said to be concluded. we have carefully examined these cases, but it is unnecessary to refer to ..... difficult to prove it, does not affect its validity.12. the proceedings at the meeting of the 19th august do not weaken our view that the contract was complete before that day. all that was settled on that day was subsidiary points, which needed, of course, to be arranged, but did not .....

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Jul 05 1911 (PC)

Debi Das Marwari Vs. the Chairman of Motihari Municipality

Court : Kolkata

Decided on : Jul-05-1911

Reported in : 13Ind.Cas.183

..... by a legally constituted authority. in our opinion, no such question arises or requires consideration. the case for the plaintiff is that his rights are regulated by the contract between the parties. that contract makes him permanent lessee under the municipality. he is liable thereunder to pay for the use and occupation of the land at a specified rate. that rate, again ..... to have been an express covenant in the lease to that effect. in the absence of such a provision we are unable to hold, that under the terms of the contract between the parties, the plaintiff has been exempted from the payment of municipal rates which he is under a statutory obligation to pay to the corporation. the conclusion follows that .....

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Jun 09 1911 (PC)

Mozelle Joshua Vs. Sophie Arakie

Court : Kolkata

Decided on : Jun-09-1911

Reported in : (1911)ILR38Cal708

..... , to my mind, establish that she has any rights under it against her deceased husband's estate, and my view is strengthened by the evidence that when a marriage is contracted by jews of wealth and position, although the sums inserted may be larger, yet for the purpose of giving the widow, the rights to her husband's property, an ordinary .....

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Mar 10 1911 (PC)

Deb NaraIn Dutt Vs. Ram Sadhan Mandal and ors.

Court : Kolkata

Decided on : Mar-10-1911

Reported in : 9Ind.Cas.989

..... that can be attached to the decisions of the courts below. the first court uses the word 'novation' and refers at length to section 62 of the contract act and its first illustration holding at the end,--'as regards the liability of the defendants nos. 1 to 4 the plaintiff having accepted the defendant no. ..... 683 : 12 c.w.n. 628.6. the second point taken is that the case comes under section 10 of the limitation act inasmuch as by the contract the sale-proceeds of the property were entrusted to defendant no. 5 to hold in trust for the benefit of the plaintiff, and it is argued that ..... also been argued by the learned vakil for the respondent that he would not in any case be entitled to the benefit of that article inasmuch as the contract was not signed by both the parties. he has shown to me authority in bombay and madras in support of his contention. but, with all respect to ..... no longer any liability to the plaintiff after the arrangement of august 1903, and as regards defendant no. 5 that he is liable only under an oral contract, and that consequently the suit is barred by limitation.4. the plaintiff appeals to this court, and on his behalf it has been argued that the suit ..... nothing in the present case i think which justifies any departure from the ordinary rule that a person suing for compensation for breach of a contract must be a party to that contract. it appears to me, therefore, that the plaintiff is not entitled to sue on the registered conveyance and is, therefore, not entitled .....

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