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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1923 Page 1 of about 62 results (0.016 seconds)

Jun 15 1923 (PC)

Girdharilal Honuman Bux Vs. Eagle Star and British Dominions Insurance ...

Court : Kolkata

Decided on : Jun-15-1923

Reported in : AIR1924Cal186

..... and that the true ground, on which the clause limiting the time of claim rests and is maintainable, is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefor do not become absolute, unless the remedy is sought within the time ..... 38 bom. 344 in the passage which my learned brother has cited. the proposition advanced on behalf of the plaintiffs that the condition offence against the indian contract act in that it curtails the period of limitation for a suit on the policy, and the argument addressed to us, exclude the proposition that what is ..... of the period allowed by law for the institution of such a suit, amounts to limiting the time within which a party may enforce his rights under a contract within section 28 and defeats the provisions of article 86 of the limitation act.7. in hirabai v. manufacturers life insurance co. (1912) 14 bom. ..... 86 of the limitation act.6. section 23 of the indian contract act provides that the consideration or object of an agreement is lawful unless, amongst other things, it is of such a nature that if permitted, it ..... contended on behalf of the plaintiffs that condition 13, as set out above, is void under the provisions of sections 23 and 28 of the indian contract act, 1872, as an attempt to curtail the period of limitation for a suit on the policies, namely, the period of three years prescribed under article .....

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Jun 15 1923 (PC)

Giridharilal Hanumanbux Vs. Eagle Star and British Dominions Insurance ...

Court : Kolkata

Decided on : Jun-15-1923

Reported in : 80Ind.Cas.637

..... limitation and that the true ground on which the clause limiting the time of claim rests and is maintainable is that, by the contract of the parties, the right to indemnity in case of loss and the liability of the company there for do not become absolute unlets the remedy is sought within the ..... l.r. 948 in the passage which my learned brother has cited. the proposition advanced on behalf of the plaintiffs that the condition offends against the indian contract act in that it curtails the period of limitation for a suit on the policy, and the argument addressed to us, exclude the proposition that what is ..... the period allowed by law for the institution of such a suit, amounts to limiting the time within which a party may enforce his rights under a contract within section 28 and defeats the provisions of article 86 of the limitation act.8. in hirabhai v. manufacturers life insurance company 16 ind. cas. 1001 ..... article 86 of the limitation act.7. section 23 of the indian contract act provides that the consideration or object of an agreement is lawful unless, amongst other things, it is of such a nature that, if permitted, it ..... contended on behalf of the plaintiffs that condition 13, as set out above, is void under the provisions of sections 23 and 28 of the indian contract act, 1872, as an attempt to curtail the period of limitation for a suit on the policies, namely, the period of three years prescribed under .....

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May 11 1923 (PC)

Probodh Chandra Mitter Vs. Harish Chandra Naskar

Court : Kolkata

Decided on : May-11-1923

Reported in : AIR1924Cal124

..... bears to the entire estate...section 79 provides that 'the receipt of any proprietor...whose name and the extent of whose interest is registered under this act shall afford full indemnity to any person paying rent to such proprietor.' it is contended on behalf of the respondent that having regard to the provisions of section 78 (second, paragraph) the defendant would ..... act seem to refer to a third person whose name is not registered at all. the object of section 60 of the bengal tenancy act appears to be to afford indemnity to tenants who pay rent to the person whose name is registered under the act, and to debar them from pleading in defence to a claim for rent by such ..... to the plaintiff, and. under section 79 the receipt of the heirs of chandranath whose names are registered with respect to an 8 annas of the estate, would afford full indemnity in respect to such share.12. section 81, however, provides : 'nothing contained in the three last preceding sections shall be held to interfere with the conditions of any written ..... contract. in the present case there was a written contract under which the entire rent was due to purna and his successors. there is some difference of opinion as to the construction to be placed upon .....

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May 11 1923 (PC)

Probodh Chandra Mitter Vs. Harish Chandra Naskar, Who Appeared; and Pa ...

Court : Kolkata

Decided on : May-11-1923

Reported in : 78Ind.Cas.7

..... to the entire estate...,' section 79 provides that that the receipt of any proprietor...whose name and the extent of whose interest is registered under this act shall afford full indemnity to any person paying rent to such proprietor. it is contended on behalf of the respondent that, having regard to the provisions of section 78 (second paragraph), the defendant would ..... act seem to refer to a third person whose name is not registered at all. the object of section 60 of the bengal tenancy act appears to be, to afford indemnity to tenants who pay rent to the person whose name is registered under the act, and to debar them from pleading in defense to a claim for rent by such ..... rent to the plaintiff, and under section 79 the receipt of the heirsof chandranath whose names are registered with respect to an 8 annas of the estate, would afford full indemnity in respect to such share.12. section 81, however, provides: 'nothing contained in the three last preceeding sections shall be held to interfere with the conditions of any written ..... contract.' in the present case there was a written contract under which the entire rent was due to purna and his successors. there is some difference of opinion as to the construction to be placed upon .....

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Apr 10 1923 (PC)

Hari Chandana Joga Deya Vs. Hindustan Co-operative Insurance Society, ...

Court : Kolkata

Decided on : Apr-10-1923

Reported in : (1925)ILR52Cal239

..... obligation in the agreement under which the plaintiff syndicate is to have this express right'. later on he adds that 'if the court sees that a contract involves as one of its terms that an article is not to be altered, then the company is not at liberty to alter that article so as ..... rubber co., ld. [1915] 2 ch. 186 held that the alteration of the article in that case was not an alteration which was applicable to the contract between the company and the plaintiff. in that case by one of the articles it was provided that a certain syndicate should have the right to nominate two ..... on, the master of the rolls adds:---'but, 'although the regulations contained in a company's 'articles of association are revocable by special 'resolution, a special contract may be made with the 'company, in the terms of or embodying one or more 'of the articles and the question will then arise 'whether an alteration ..... indebted 'to the company.''but then comes the question whether this can be 'done so as to impose a lien or restriction in respect 'of a debt contracted before and existing at the 'time when the articles are altered. again, speaking generally, i am of opinion that the articles 'can be so altered and ..... time had not been in fact recovered oat of the profits of the company. in my opinion, that is not in accordance with the terms of the contract. as it is admitted, therefore, that the plaintiff has paid the whole sum which the company required him to pay during the endowment period under the .....

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Apr 10 1923 (PC)

Hari Chandana Joga Deva Vs. Hindustan Co-operative Insurance Society L ...

Court : Kolkata

Decided on : Apr-10-1923

Reported in : AIR1925Cal690,90Ind.Cas.86

..... obligation in the agreement under which the plaintiff syndicate is to have this express right.' later on he adds that 'if the court sees that a contract involves as one of its terms that an article is not to be altered, then the company is not at liberty to alter that article so as ..... alperton rubber co., ltd. (1915) 2 ch. 186 held that the alteration of the article in that case was not an alteration which was applicable to the contract between the company and the plaintiff. in that case by one of the articles it was provided that a certain syndicate should have the right to nominate two ..... on, the master of the bolls adds :-'but, although the regulations contained in a company's articles of association are revocable by special resolution, a special contract may be made with the company, in the terms of or embodying one or more of the articles and the question will then arise whether an alteration of ..... indebted to the company.''but them comes the question whether this can be done so as to impose a lien or restriction in respect of a debt contracted before and existing at the time when the articles are altered. again, speaking generally, i am of opinion that the articles can be so altered and ..... time had not been in fact recovered out of the profits of the company. in my opinion, that is not in accordance with the terms of the contract. as it is admitted, therefore, that the plaintiff has paid the whole sum which the company required him to pay during the endowment period under the policy .....

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Dec 21 1923 (PC)

Kush Kanta Barkakati Vs. Chandra Kanta Kakati and ors.

Court : Kolkata

Decided on : Dec-21-1923

Reported in : AIR1924Cal1056,83Ind.Cas.151

..... that defendant is equally liable to the plaintiff. this contention is based on the fallacious, assumption that there was in fact and in law a contract between the plaintiff and the company. we cannot overlook the circumstance that the company refused to execute the document to the knowledge of the plaintiff. ..... . there remains the question of the liability of the defendants individually. it is beyond controversy that the first and third defendants are both liable. the contract was made between the first defendant and the plaintiff. the third defendant has admitted that he employed the first defendant to enter into the transaction on ..... or for a different purpose from that agreed upon or by failure to re-deliver it or to deliver it over in accordance with the terms of the contract, the bailor may sue him in trover, loeschman v. machin (1818) 2 srtark 311, bryant v. wardell (1848) 2 exch. 479, fenn v ..... between the company and the plaintiff. this document, however, was never executed as the company declined to accept some of the terms of the proposed contract. the elephant, which had been made over by the first defendant to the third defendant continued, however, to be employed to carry timber for the ..... do execute this ekrarnamah (deed of agreement) and declare that this day, i engage your elephant named mohan, valued at rs. 5,000 under registered contract for ten months, promising to pay hire at rs. 70 per month for timber business at naojan camp of the surma valley timber company, that for .....

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Dec 12 1923 (PC)

Gajadhar Agarwalla and anr. Vs. Sibananda Predhani and ors.

Court : Kolkata

Decided on : Dec-12-1923

Reported in : AIR1924Cal592

..... mortgage and an usufructuary mortgage, the right to sue under section 68 would give a right to sell under section 67. that is because the statute has elaborately defined the contract in that case. the moment one finds that the mortgage is an anomalous mortgage and that it purports to deal with the question now in point, it is unsafe, to ..... property act. under that section, in the case of an anomalous mortgage, 'the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage deed and, so far as such contract does not extend, by local usage.' the learned vakil who appeared and skilfully argued the case on behalf of the appellants urged that there is .....

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Dec 12 1923 (PC)

Gojadhar Agarwalla and anr. Vs. Shibananda Pradhani and anr.

Court : Kolkata

Decided on : Dec-12-1923

Reported in : 81Ind.Cas.768

..... mortgage and an usufructury mortgage, the right to sue under section 68 would give a right to sell under section 67. that is because the statute has elaborately defined the contract in that case. the moment one finds that the mortgage is an anomalous mortgage, and that it purports to deal with the question now in point, it is unsafe, to ..... property act. under that section, in the case of an anomalous mortgage,'the rights and liabilities of the parties shall be determined by their contract as evi denced in the mortgage deed and, so far as such contract does not extend, by local usage.' the learned vakil who appeared and skilfully argued the case on behalf of the appellants, urged that there .....

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Nov 26 1923 (PC)

Ram Chandra Sahu and anr. Vs. Kasem Khan and anr.

Court : Kolkata

Decided on : Nov-26-1923

Reported in : AIR1925Cal29

..... and he afterwards uses the proceeds of the note in the partnership business, of his own free will, without being under any obligation to or contract with the lender so to do, the partnership is not liable for the loan. this fundamental principle has been over-looked by court below. the ..... argued that the deed of partnership, dated the 28th june, 1920, contained clauses which brought the case within the exception to section 251 of the indian contract act.8. our attention has been specially drawn to clauses 4 and 6. clause (4) provides ' that the entire capital of the said work ..... be of a general commercial nature, he may pledge or sell the partnership property; he may buy goods on account of the partnership; he may borrow money, contract debts, and pay debts on account of the partnership; he may draw, make, sign, indorse, accept, transfer, negotiate, and procure to be discounted promissory ..... criticism and there has consequently been considerable discussion at the bar as to the liability of a dormant partner.4. section 251 of the indian contract act which furnishes the guiding principle applicable to questions of the power of a partner to bind his copartners, is in these terms: 'each ..... amount.2. the plaintiffs are money-lenders. the first defendant is a contractor. among various works which he had undertaken, he had in hand a contract under the bengal-nagpur railway company in connexion with what is known as the kharagpur line sub-division. in this business, the second defendant was his .....

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