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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1953 Page 1 of about 28 results (0.014 seconds)

Apr 01 1953 (HC)

House Ltd. Agency Vs. Paints and Lecquers Ltd.

Court : Kolkata

Decided on : Apr-01-1953

Reported in : AIR1954Cal409

..... partner from prosecuting his action in the name of the firm or the stay has to be limited to such time as the suing partner furnishes the indemnity and security and decided cases are silent on the point what happens if no security is furnished at all. such a stay is in my view ..... eleventh edition of lindley's famous work on partnership lays down not only the principle of permitting the suing partners to continue the action by giving indemnity to the non-suing and non-co-operating partners in the action in the name of the firm but also the practice of staying such an action ..... appeal in -- 'johnson v. stephens & carter ltd.', (1923) 2 kb 857 (e), where atkin l. j. speaks with approval of the principle of indemnity as condition precedent as a general rule with the exception of the case where the dissenting partner has in breach of his duty to the plaintiff colluded with the defendant ..... co-partners and the procedure adopted by courts has been to stay the action until the partner bringing the action has given his co-partners a full indemnity coupled with security against all costs charges or liability by reason thereof. the annual practice in notes under order 48a, rule 1 of r. s. c ..... to realise and enforce such indemnity. after all the firm or the partnership is not a legal entity like a corporation or a joint stock company but is merely a compendious name for a group of persons called partners. if the majority of such partners by their very contract of partnership have stipulated that .....

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Dec 11 1953 (HC)

Sohanlal Pachisia and Co. Vs. Bilasray Khemani and ors.

Court : Kolkata

Decided on : Dec-11-1953

Reported in : AIR1954Cal179

..... the defendants were to deliver the shares and the plaintiff firm was to pay for the same within 3 days from the date of the contract. the contract relating to the transaction was numbered 499 and dated the 29th november 1944. the time for delivery was however extended from time to time by ..... along knew that the principal party in the transactions in suit, was the plaintiff firm, and he had dealt with the plaintiff firm as the contracting party. the correspondence, the books of account and other documents upon which reliance has been placed by the plaintiff, and to which i have already ..... yet he has not made any serious suggestion that there was any disclosed or undisclosed principal for whom the plaintiff firm acted as broker in respect of the contract dated 29th november 1944.16. mr. agarwala has drawn my attention to the case of -- 'sewdut roy maskara v. nahapiet', 34 cal 623 ( ..... .12. the receipt or the memo of confirmation (ex. o) which is signed by bilasrai khemani describes the transaction as 'their bought contract' that is, the bought contract of the plaintiff firm.13. the only fact which really militates against the case of the plaintiff firm that it was a principal party ..... -ria, (ex. i), which may bo said to record contemporaneous facts, states that the plaintiff firm had purchased from bilasrai khemani 4,000 shares under contract no. 499 dated 29th november 1944. the letter also records the fact that the date of delivery of the shares was extended by mutual agreement upto 20th .....

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Dec 11 1953 (HC)

Nath Bank Ltd. (In Liqn.) Vs. Sisir Kumar Sarkar

Court : Kolkata

Decided on : Dec-11-1953

Reported in : AIR1954Cal303,[1954]24CompCas306(Cal),58CWN385

..... ) 68 lj ch 324 (k). the debt, therefore, is payable under a joint contract with a and b to one orother of them during their joint lives and thereafter to the survivor. 17. it may be that either on the death of b or ..... a debt severally payable to a. if lord atkin has expressed a contrary opinion i respectfully dissent from that opinion. 16. in this case the debt is payable under a contract with a and b to either or survivor. the normal meaning of 'either' is 'one or other' per rigby l. j. in -- 're. pickworth', (1899 ..... held that b was entitled to recover the amount of the fixed deposit. chatterjee j. observed at p. 685 following lord atkin that the contract was a joint and several contract. 14. section 45, contract act is as follows: '45. when a person has made a promise to two or more persons jointly, then, unless a contrary intention ..... and the executors of a the latter was entitled to retain theassets. 11. in course of his judgment lord atkinobserved at p. 43 as follows: 'the contract on the face of it purports to be made with a and b and i think with them jointly and severally.'' 12. learned counsel for the defendant relies ..... for the bankers having a general lien in such a case as the present.' 10. it is however contended on behalf of thedefendant that the debt repayable under a contract with a and b to either or survivor is a joint and several debt. reliance is placed upon -- 'mcevoy v. belfast banking co. ltd' 1935 ac .....

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Sep 04 1953 (HC)

(Ka) Benoy Bhusan Mukherjee and ors. Vs. Bina Mukherjee and ors.

Court : Kolkata

Decided on : Sep-04-1953

Reported in : AIR1954Cal490,58CWN435

..... was the owner of the ticket which won one of the first prizes in the derby sweep. the objection that the suit is not maintainable in view of section 30, contract act, was abandoned in this court, both on behalf of the minor defendant as well as on behalf of the club. 7. regarding the question of ownership of the disputed ..... on behalf of bina mukherjee was that she was the rightful owner of the ticket and that the suit was not maintainable inasmuch as the contract which was the foundation of the suit was a wagering contract. 5. ramani mohan died during the pendency of the suit. two major sons, two minor sons, and a widow were substituted in his place and .....

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Aug 03 1953 (HC)

Hindustan Motors Ltd. Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Aug-03-1953

Reported in : AIR1954Cal151

..... he disclaimed any intention to urge any such point. he was certainly logical in doing so, because in his scheme of argument the departmental instructions with respect to foreign exchange contracts had no place. i might, however, observe that although estoppel against a statute may not be wholly inconceivable as between two private parties, claiming under so:ne ordinary act ..... they are clearly invalid and ineffective, as the learned judge rightly held. they have now been replaced by fresh instructions which state specifically that the benefit of the forward exchange contracts is to be given only to the extent of ordinary market fluctuations in the exchange rates, 'as opposed to abnormal or statutory changes such as devaluation' (see the correction ..... contentions alone. he did not say that the departmental instructions had the force of law, nor that the central board of revenue could not withdraw the concessions regarding foreign exchange contracts, nor that section 39 was not applicable.instead, he urged that the action of the customs authorities was 'ultra vires' the sea customs act, inasmuch as by making ..... 1950, the customs authorities stated that the extra demands were being made, not because there had been a wrong assessment, but because the concession with regard to foreign exchange contracts had been disallowed by the government of india and therefore the post-devaluation value had to be taken for all the consignments. sundry correspondence followed to which detailed reference has .....

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May 28 1953 (HC)

Ajit Kumar Roy Vs. Surendra Nath Ghose

Court : Kolkata

Decided on : May-28-1953

Reported in : AIR1953Cal733,57CWN627

..... previous period, only the rent for november, payment or deposit after 30-11-1950 for all other months prior to that month would be too late under the contract assumed or under the act of 1950. on 30-11-1950, therefore, the position is that the tenant would be deemed to have made default in payment ..... been payable by him. up to 30-11-1950, he, however, had not paid rent because he could not do so. after 30-11-1950 assuming the contract was to pay the rent by the fifteenth of the following month, which would be a very liberal assumption to make, he could pay or deposit in respect ..... shall be substituted and shall be deemed always to have been substituted, namely: (11) 'tenant' means any person by whom rent is, or but for a special contract would be, payable for any premises, and includes: (i) any person who is liable to be sued by the landlord for rent; and(ii) any person whose interest ..... months' rent legally payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract, or in the absence of such contract by the fifteenth day of the month next following that for which the rent is payable or by not having been validly deposited in accordance ..... in payment of rent contemplated by the proviso must be failure to pay or deposit within the time limited by the contract of tenancy or by the rent act where there is no provision in the contract. if the tenant could pay or deposit all arrears at any time and thereby avoid being in default the proviso .....

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May 13 1953 (HC)

Panchanan Maity Vs. the State and anr.

Court : Kolkata

Decided on : May-13-1953

Reported in : AIR1953Cal798,57CWN891

..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to-commit fraud or that fraud may be committed, commits forgery.'section 464 is as follows : 'a person is said to make a false document first who .....

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Apr 22 1953 (HC)

Kshitish Kumar Som Vs. State of Bihar

Court : Kolkata

Decided on : Apr-22-1953

Reported in : AIR1953Cal639

..... agent appointed by defendant, he alone is under the obligation to carry out instructions and he alone is liable to the defendant and can enforce the claim for damages or indemnity, if any, against the defendant. the two causes of action being thus entirely different and no leave having been obtained when motilal, the individual, desired to carry on the suit ..... according to law. thereupon, both the plaint and the written statement were ordered to be amended. by the amendment the plaintiff took alternative pleas under sections 65, 70 and 72, contract act, but no fresh leave was asked for or obtained. the learned judge said as follows : 'the wording and meaning of clause 12 of the letters patent, 1865, is clear ..... the defendant as mentioned in para 1 of the original plaint be discovered void, the defendant was bound to compensate the plaintiff for advantages enjoyed by the defendant under the contract.2. i shall proceed on the footing that the plaintiff wishes to introduce an alternative cause of action and for that purpose requires fresh leave under clause 12 of the ..... paper upon certain terms specified in the plaint. it is then stated that the plaintiff had supplied the defendant and the defendant had accepted 40 tons 756 lbs. of the contracted goods, as a result of which a sum of rs. 80,663/8/3 became due and payable, out of which the plaintiff had been paid a sum of rs .....

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Apr 01 1953 (HC)

Mahadeodas and ors. Vs. Gherulal Parakh and ors.

Court : Kolkata

Decided on : Apr-01-1953

Reported in : AIR1958Cal703

..... india. in deciding whether dealing in differences is opposed, to public policy it is well to remember that the legislature of the country deliberately recognises the making of the wagering contracts, and derives considerable revenue therefrom. opinions may vary whether such transactions are best suited for the economic or cultural interest of the people. it will be disastrous however for courts ..... were accepted by mahadeodas as karta of mahadeodas surajmall. the agreement was clearly to form a partnership and the evidence leaves no doubt that the partnership did business in forward contracts with the hapur firm.13. there can be no doubt that at least two persons weie members of the partnership -- mahadeodas maiya and gherulal parakh. the fact that both of ..... mahadeodas maiya and on receiving it mahadeodas maiya who was the karta of the firm accepted the offer and entered on the basis of the agreement thus concluded into forward contracts with baldeo sahay surajmull of hapur admits of no manner of doubt. shibcharan das, the partner of the firm of baldeo sahay surajmull was examined on commission. his evidence on ..... -1937. it is in these words :'to bhai mahadeo das surajmull of darjeeling written by ramlal gherulal from darjeeling whose compliment please accept. further we shall share equally in all contracts of purchase and sale teji mandi, lagonakhsana made from this day with baldeo sahay surajmull in hapur in respect of wheat, whatever profit or loss shall result from the same .....

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Mar 10 1953 (HC)

Ahmed HossaIn Vs. Aswini Kumar and ors.

Court : Kolkata

Decided on : Mar-10-1953

Reported in : AIR1953Cal542,57CWN421

guha, j. 1. this is an application under article 227 of the constitution of india and section 115, civil p. c. by sheikh ahmed hossain who was a candidate for election to the garden reach municipality at its fourth general election. in order to appreciate the various points urged before us, it is necessary to set forth in some detail the relevant facts. 2. three seats were allotted for ward no. 3 of the garden reach municipality and the present petitioner was one of the candidates. his name was finally published in the final electoral roll of male voters of the same ward. the date of final publication of the electoral roll was 16-12-1951. 9-2-1952 was fixed by the chairman of the municipality as the last date for submission of nomination papers and the chairman held scrutiny qf the nomination papers on 18-2-1952, and found the nomination papers of the present petitioner along with those of eleven other candidates to be valid as complying with all the requirements of rule 17(2), bengal municipal election rules 1932 (hereinafter described as rules of 1932), 3. opposite party no. 1 aswini kumar paul who was another candidate preferred an appeal before the magistrate at alipore under rule 20 of the said rules against the present petitioner and others contending 'inter alia' that the petitioner was not eligible for election as a commissioner under the provisions of law as laid down in section 22, bengal municipal act, 1932, as amended by section 5, west bengal act 28 of, 1951. ( .....

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