Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1928 Page 1 of about 36 results (0.030 seconds)

Jul 25 1928 (PC)

Bejoy Kumar Sen and anr. Vs. Kusum Kumari Debi and ors.

Court : Kolkata

Decided on : Jul-25-1928

Reported in : AIR1929Cal315

..... consistent with justice, equity and good conscience: magniram v. mehdi hossain khan [1904] 31 cal. 95. the right to contribution though an equitable right arises out of an implied contract of indemnity between the parties liable for the same debt. this contractual obligation attaches to each of the persons liable to satisfy the common debt. but this right is not confined to .....

Tag this Judgment!

Jul 19 1928 (PC)

Osman Jamal and Sons Ltd. Vs. Gopal Purshottam

Court : Kolkata

Decided on : Jul-19-1928

Reported in : AIR1929Cal208,118Ind.Cas.882

..... lord justice was there expounding the doctrine of the common law, which he recognized was different to the rule in equity. moreover in that case the right of indemnity did not arise from contract but from a trust and the learned judge goes on to say at p. 714:it would not be right for a trustee to obtain money from this ..... p. 486 says:moreover, i think this decision follows logically on the manner in which courts of equity had given effect to contracts of indemnity. in many cases they had ordered the indemnifier to pay the debt against which the indemnity had been given though nothing had been paid by the person indemnified. cruse v. paine [1869] 4 ch. 441 is an example ..... law would not in any way have recognized. equity has always taken a wider and more liberal view of these rights of indemnity than the old common law courts did. it is settled at common law that, given a contract of indemnity, no action could be maintained until actual loss had been incurred. the common law view was first pay and then come ..... the learned judge. i do not think that the contention of the respondents is sound. how the person who receives payment of a sum of money under a contract of insurance or re-insurance, or, i will add, of indemnity, deals with that sum is, in general and apart from special considerations, no concern of the party who, in fulfilment of his .....

Tag this Judgment!

Dec 10 1928 (PC)

Bengal National Bank, Ltd. Vs. Jatindra Nath Mazumdar and ors.

Court : Kolkata

Decided on : Dec-10-1928

Reported in : AIR1929Cal714,121Ind.Cas.741

..... decisions, and their effect has been to upset views previously held by many lawyers. it has been declared, that it is an implied term of the contract of loan made between a banker and his customer that demand shall be made before any cause of action can arise. the first decision was given in ..... to which i have been referred is really applicable to the facts of the present case. moreover, in view of the clear provisions of sections 251 and 264, contract act, the law as declared in the english cases of tucker v. tucker [1894] 3 ch. d. 429 and watson v. woodman [1875] 20 eq ..... this suit was instituted. the real question therefore is, what implied authority has one partner to bind another partner by his acts.8. section 251, contract act, provides that each partner who does any act necessary for, or usually done in, carrying on the business binds his copartners, as if he were ..... defendant jatindra nath and it is a question of implied authority.7. ordinarily whatever their authority had been, it would cease upon dissolution. but section 264, contract act, provides in effect, that so far as the plaintiffs are concerned, there had been no dissolution and the partnership still subsisted at the time when ..... , and i find in fact that notice of the dissolution was not given to the plaintiffs- who are not therefore affected by it : section 264, contract act. it is unnecessary for me to decide whether this omission to give notice was due to forget-fulness on the part of the defendants, or because .....

Tag this Judgment!

Sep 10 1928 (PC)

Mahim Chandra Banikya and ors. Vs. Karamali and ors.

Court : Kolkata

Decided on : Sep-10-1928

Reported in : AIR1929Cal516

..... the land demised, the landlord has no right to the entire rent and unless he has a right or some equity to an apportionment he can recover nothing on the contract. but the whole basis of the doctrine is that rent due is one entire sum.i can find no right or equity in this case in favour of plaintiffs so .....

Tag this Judgment!

Sep 04 1928 (PC)

Chhatto Lal Misser and Co. Vs. Naraindas Baijnath Prasad

Court : Kolkata

Decided on : Sep-04-1928

Reported in : AIR1930Cal53

..... provinces and the act does not purport to extend beyond those provinces. it is not contended that the act alters the status of a ward or affects his capacity to contract. in my opinion, this act, like the acts of many other local legislatures, dealing with the local courts of wards, can have no effect beyond the jurisdiction of its own .....

Tag this Judgment!

Sep 04 1928 (PC)

Chhattoo Lal Misser and Company Vs. Naraindas Baijnath Prasad

Court : Kolkata

Decided on : Sep-04-1928

Reported in : 121Ind.Cas.403

..... provinces and the act does not purport to extend beyond those provinces. it is not contended that the act alters the status of a ward or affects his capacity to contract. in my opinion, this act, like the acts of many other local legislature dealing with the local courts of wards, can have no effect beyond the jurisdiction of its own .....

Tag this Judgment!

Aug 31 1928 (PC)

Jogendra Kumari Dassya and anr. Vs. Jogendra Nath Dutt and ors.

Court : Kolkata

Decided on : Aug-31-1928

Reported in : 121Ind.Cas.562

..... and registration reference has been made to several rulings of this court on this point. but each case must be decided upon the terms of the contract and having regard to the terms of the contract in the present case, we are of opinion that it was intended by the parties that the market price should be paid and that it was .....

Tag this Judgment!

Aug 31 1928 (PC)

Jogendra Kumari Dassya and anr. Vs. Jogendra Nath Dutt and ors .

Court : Kolkata

Decided on : Aug-31-1928

Reported in : AIR1929Cal285

..... and registration. reference has been made to several rulings of this court on this point. but each case must be decided upon the terms of the contract and having regard to the terms of the contract in the present case, we are of opinion that it was intended by the parties that the market price should be paid and that it was .....

Tag this Judgment!

Aug 31 1928 (PC)

Kumar Sarat Kumar Roy Vs. NabIn Chandra Ram Chandra Shaha and Official ...

Court : Kolkata

Decided on : Aug-31-1928

Reported in : AIR1928Cal786

rankin, c.j.1. it appears that one sailendra krishna roy was adjudicated an insolvent in this court on 9th august 1921. this case arose out of an application made to the registrar in insolvency by a firm called nabin chandra ram chandra shaha, creditors of the insolvent for an examination of the appellant kumar sarat kumar roy under section 36, presidency towns insolvency act, upon certain matters. it appears that he appellant is the father-in-law of the insolvent. it appears further that on 25th january 1921 the insolvent purported to enter into a mortgage in favour of the appellant over certain properties in respect of a sum of 1 1/2 lacs. it seems that on 20th december 1922 an application for examination of the appellant was made by the official assignee but was afterwards withdrawn. a second application was made by the respondent creditor nabin chandra ram chandra shaha on 14th june 1923 and the appellant was examined before the court under section 36, presidency towns insolvency act between november 1923 and january 1924. in the meantime the appellant had brought a suit in a district court against the official assignee and others to enforce his mortgage. that mortgage suit was decreed ex parte on the 20th september 1923. in february 1924 the official assignee brought a suit against the appellant to set aside that ex-parte decree on the ground, as, i understand, of fraudulent suppression of processes. this suit, however, was dismissed on 28th february 1927, and at the .....

Tag this Judgment!

Aug 23 1928 (PC)

Jitendra Nath Roy Vs. Provat Chandra Kanjilal and ors.

Court : Kolkata

Decided on : Aug-23-1928

Reported in : AIR1929Cal303

..... any time or on any account. it may be that the contract so construed may work (as circumstances may arise) in favour either of the landlord or of the tenant. in the present case the tenant has proved to the-satisfaction ..... to my mind the language in which clause (1) is couched is too strong for the tenants, and i can see no escape from the conclusion that the parties contracted that in respect of this tenure there should be paid a fixed rent of rs. 176-8-15 and that the amount of rent fixed should not be altered at ..... not to be excluded from the statutory right that is given him under that section. in each case the question turns upon the true construction of the terms of the contract of tenancy. in the present case a selami of rs. 300 was paid by the tenant and in consideration of the selami and the rent, it is stated ..... tenure in a permanently settled area from granting a mourashi lease on any terms agreed on between him and his tenant.2. he urges that under the terms of the contract of the tenancy the tenant agreed to pay as rent for the lands demised a sum of rs. 176-8-15 per year in any event. now, the ..... is called upon to fulfil the terms of clause (1). sitting in this place however, we have to administer the law as we find it, and construe a contract such as this according to the plain meaning of the terms into which the parties have entered. in my opinion, it is clear upon a true construction of this .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //