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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1944 Page 1 of about 8 results (0.016 seconds)

Jan 17 1944 (PC)

Upendra Nath Vs. Kumar Bimalendu

Court : Kolkata

Decided on : Jan-17-1944

Reported in : AIR1944Cal302a

..... 167, the madras high court said: 'the principal's duty to indemnify is no part of the contract (contract of agency). it is an obligation imposed by the law and is attached to the relation of principal and agent constituted by act of parties.' according to ..... 700 out of his own pocket in exercise of the authority conferred upon him by the defendant. under article 83, limitation act, a suit upon a contract to indemnify is to be brought within three years from the time when the plaintiff is actually damnified. in kandaswamy v. ayayambal ('11) 34 mad. ..... .2. the plaintiff was the defendant's agent for looking after the criminal litigations started by rasik chandra khan against the defendant. under section 222, contract act, the employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the ..... by the statute.' according to this decision of the punjab chief court, the liability of the principal to indemnify the agent under section 222, contract act, is a liability under a contract within the meaning of article 83, limitation act. in ram barai v. sheodeni singh ('12) 16 c.w.n. 1040, jenkins c. ..... j. and chatterjea j. observed: 'as the oontract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but .....

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May 22 1944 (PC)

Rajani Kanta Pal Vs. Hrishikesh Das and ors.

Court : Kolkata

Decided on : May-22-1944

Reported in : AIR1944Cal391

..... it has been further held that the rate of pendente lite interest is in the discretion of the court and may be awarded at a rate below the contract rate: 1. jaigobind singh v. lachminarain rarn , in this case the court has awarded a lump sum of rs. 6882 as pendente lite interest. the ..... for carrying the mortgage transaction through and rs. 550 was retained by him for the tohoric (remuneration) of his own officers. the defendant says that the contract between him and the plaintiff was that the latter was to pay for the stamp required on the mortgage. we cannot accept his story. there thus remain ..... chaps. vi and vii of the act. for the purpose of this appeal (sections 30 (1) (e) and 30 (2) are material. a contract by which the lender himself relieves the burden of the borrower only furthers the in-tention of the legislature. there would thus bo no meaning of reopening such a ..... contract, for its reopening would give no relief to the borrower, but on the other hand would take away the relief which the lender himself had condescended ..... to bestow on him. from this it would follow that such a contract cannot be reopened even when it is embodied in the same instrument which contains another contract between the lender and borrower which the court is empowered to reopen if it hasreason to believe that its .....

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Jan 14 1944 (PC)

Nanda Lal Vs. Askaran Baboo

Court : Kolkata

Decided on : Jan-14-1944

Reported in : AIR1944Cal310

..... not quarterly but monthly. this conclusion would go against the plain language of section 178, sub-section (1), clause (1) which destroys the whole contract concerning interest. we accordingly prefer to follow the interpretation of lord macnaghten's judgment as given by jenkins c. j. and ray j. in jasimuddin ..... v. bakai singh ('95) 22 cal. 658 also supports the view we are taking. we accordingly hold that the defendants are precluded by contract from claiming reduction of rent on account of diluvion.10. for considering the question about interest, the amandments of three sections of the bengal tenancy ..... chundi churn v. abbas ali : air1934cal213 . that also is the basis of the decision in chundi churn v. abbas ali : air1934cal213 . so a contract, if made after the passing of the bengal tenancy act between the landlord and any class of tenant of agricultural land in a permanently settled area other than ..... of section 179 enacts that those provisions are not to apply to permanent mukurari tenancies situated in a permanently settled area where there is a contract between the landlord and the tenant of such a tenure in modification of those provisions. the. language of that paragraph of section 179 suggests ..... of the bengal tenancy act; (3) that accordingly the defendants are entitled to get reduction of rent on account of diluvion, notwithstanding the contract between the landlord and tenant that there would be no reduction of rent on account of diluvion as both the tenures had been created .....

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Aug 29 1944 (PC)

Brojendra Lal Ray, on His Death, Swarnamayi Ray and ors. Vs. Mubeswar ...

Court : Kolkata

Decided on : Aug-29-1944

Reported in : AIR1944Cal426

..... ) 1905 a. c. 369, delhi cloth and general mills co. ltd. v. income-tax commissioner, delhi , section 123 (i) (g) of the act is in these terms:nothing in any contract between a landlord and a tenant made before or after the passing of this act shall entitle a landlord where the rent is payable in produce to recover as rent ..... ) of the gross produce of the land for the year for which rent is claimed.4. this section expressly takes away the pre act right of the landlord based on contract to recover produce rent in excess of half of the gross produce of the land. there is no provision in the act which expressly takes away the pre-act right ..... contemplates amount of rent agreed upon between landlord and tenant or enhanced by court after the act. we are therefore of opinion that contracts about rent after the act are hit by section 44 and that pre-act contracts are not touched by this section. this view finds support from the omission of cash rent in section 123 (g) of the act .....

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Aug 17 1944 (PC)

Sri Sri Iswar Sridhar Jieu Thakur Represented by His Shebait Jyoti Pro ...

Court : Kolkata

Decided on : Aug-17-1944

Reported in : AIR1945Cal268

..... is entitled to sue on a cause of action which is independent of the promissory note. it is not necessary that there should be an independent express contract prior to the execution of such a promissory note. the fact that the money has been lent implies a promise to repay it, and the plaintiff ..... he promised to repay it; and if he has not done so, the plaintiff may maintain an action against him for breach of his implied promise or contract, entirely independently of any security which may have been given for the advance.20. it is worthy of note that mitter j. himself adopted this view ..... in evidence, but the defendant admitted the loan, merely pleading payment in answer. the learned chief justice observed:there can be no doubt that an implied contract to repay money lent always arises from the fact that the money is lent, even though no express promise, either written or verbal, is made to ..... lending of the money are part and parcel of the same transaction and the terms of the loan are the very terms of the promissory note the contract of loan cannot be proved apart from the document itself, and the plaintiff's suit must fail if the document itself be inadmissible in evidence.18. ..... promissory note, which turns out to be inadmissible in evidence for want of proper stamp duty, to recover his money by proving orally the terms of the contract, in contravention of the provisions of section 91, evidence act. in cases in which there is already a completed cause of action for recovery of money .....

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May 19 1944 (PC)

Emperor Vs. Ajit Kumar Ghosh and ors.

Court : Kolkata

Decided on : May-19-1944

Reported in : AIR1945Cal159

edgley, j.1. in this case we arc concerned with an appeal by nine persons who have been convicted by mr. roy choudhury, the sessions judge of faridpur, under rule 56 (4)/121, defence of india rules and also with a reference made by the learned judge in respect of 14 accused persons who, in his opinion, should be convicted under section 147, penal code. the history of this case is somewhat peculiar. all the accused persons with whom we are concerned in the appeal and the reference were originally placed on their trial, together with a number of other persons, before mr. hattiangadi who had been appointed a special judge for this purpose under the provisions of ordinance 2 of 1942. the trial before mr. hattiangadi began on 29th march 1943 and continued from day to day until 22nd april 1943 on which date the statements of the accused persons were recorded under section 342, criminal p.c. on 21st april 1943 this court pronounced judgment in emperor v. banwari lal sarma. reported in ('43) 30 a.i.r. 1943 cal. 285: 207 i.c. 481 (s.b.) the judgment declared that sections 6, 10 and 16 of ordinance 2 of 1942 were ultra vires of the powers of the governor-general under section 72 of schedule 9, government of india act, 1935, and it followed from this decision that a trial held by a special judge such as mr. hattiangadi was without jurisdiction. as a result of this decision, the public prosecutor, on 26th april 1943, made an application to mr. hattiangadi for the stay of further .....

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Mar 21 1944 (PC)

Superintendent and Remembrancer of Legal Affairs Vs. D.B. Futnani and ...

Court : Kolkata

Decided on : Mar-21-1944

Reported in : AIR1945Cal402

..... the legislature has no share in or control over the making of an ordinance or the exercise of powers thereunder.(6) in england parliament will pass the usual indemnity act, in india the indemnity can be provided by ordinance. the only safeguard in the indian constitution is that the matter rests entirely on the responsibility of the governor-general.(7) when large ..... branch to have the goods released and delivered there in fulfilment of the delivery order issued to themthough they have explained to the government that our contract with you is positive delivery contract and not a shipment contract and that virtual delivery of the goods has already been given to you by our issuing to you the delivery order for the goods. lest .....

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Mar 20 1944 (PC)

Jagadish Chandra Vs. Jogendra Nath

Court : Kolkata

Decided on : Mar-20-1944

Reported in : AIR1944Cal326

..... by the defendants in respect of the house in suit is rs. 56-4 a year or rs. 4-11 a month. as this is referable only to a new contract of tenancy, the defendants, it is argued, cannot claim the status of permanent tenants on the strength of the two pottas. we do not think that there is much substance .....

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