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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1956 Page 1 of about 45 results (0.014 seconds)

Sep 03 1956 (HC)

Sewkissendas Bhatter and ors. Vs. Dominion of India

Court : Kolkata

Decided on : Sep-03-1956

Reported in : AIR1957Cal617,61CWN389

..... of 1936 and various appeals and proceedings in connection therewith ..... rs. 10,000-0-0. total 2,29,178-4-3 10. the suit was founded principally upon an alleged contract of indemnity, express or implied in the agreement, flowing from the certificate officer's acceptance of the judgment-debtors' offer of payment of rs. 1,60,000/- in full satisfaction of ..... appeal to that item of claim only and that also on the ground of tort alone. the case of contract has not been urged before us as, apart from other infirmities of the alleged contract, it is difficult to discover in it any contract of indemnity which was essential to support the plaintiffs' claim under that head. we would, therefore, confine our discussion only ..... subordinate judge in support of the claim. the learned subordinate judge held that there was no binding contract between the parties, -- in any event, no contract, enforceable in law, -- and there was not the least warrant for finding, either in law or in fact, any contract of indemnity, express or implied. he further held that there was no tort, committed by or attributable to .....

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Dec 13 1956 (HC)

New India Tannis Ltd. Vs. Aurora Singh Mojbi and anr.

Court : Kolkata

Decided on : Dec-13-1956

Reported in : AIR1957Cal613,61CWN235,(1957)IILLJ440Cal

..... the deceased was employed directly under the appellant company, the order made by the learned commissioner could be upheld, although to maintain the order for indemnity would in that event be inconsistent.8. i think, however, that mr. mukherjee's contention is not correct. he relied on as many as ..... the appellant was admitting to have been the principal, as contemplated by section 12(2) of the act. the prayer for an order of indemnity against hazara singh and for leave to make him a party was clearly a prayer in the alternative, the necessity for its consideration being contingent ..... business which was entrusted to their independent contractor and for which the opposite party no. 1 (that is to say, the appellant-company) prayed for indemnity against the said independent contractor' proceeding to express what appears to be his own finding on the facts, the learned commissioner observes as follows:'the fitting ..... against messrs. s. kaloo and sons, they pleaded that they had entered into a contract with insan sardar for the execution of the work by him and that consequently they were entitled to an order of indemnity against insan sardar. that contention was repelled and the court held that the deceased had ..... been employed directly under messrs. s. kaloo and sons and that if there was a contract with insan sardar at all. it was not a contract to do the whole or any .....

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Jul 25 1956 (HC)

MafizuddIn Khan Choudhury Vs. HabibuddIn Sheikh and anr.

Court : Kolkata

Decided on : Jul-25-1956

Reported in : AIR1957Cal336

..... society or on new circumstances and situations arising.53. what is the rule of public policy which js here being affected by enforcing the contract in question? the circumstances under which the defence of india act was passed and the rules thereunder framed or the control orders issued were ..... air1950mad444 (e).49. what is the ratio decidendi arising on the decisions referred to? what is regarded as forbidden by law under section 23, contract act? except for certain observations in some of the judgments of the madras high court, the decisions rest on the principle that when there is a ..... framed under that act specifically provided apart from the conditions incorporated in the license that the right under a license was not transferable. a contract was entered into between the holder of the license and the plaintiff who claimed accounts under which he was entitled to the profits and to ..... velu padayachi v. sivasooriam pillal, : air1950mad444 , horwill, j. delivering the judgment of the full bench observed that irrespective of the facts whether the contract for partnershipwas entered into before the license had been granted or subsequent to the issue of the license, the result would be the same. the partnership ..... take part of the management with an indemnity clause which gave him the immunity from being liable for any loss. the learned judge held that the plaintiff was not entitled to claim the benefits of that contract as he had under the same introduced himself into a .....

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Feb 10 1956 (HC)

Bir Singh and anr. Vs. Sm. Hashi Rashi Banerjee and ors.

Court : Kolkata

Decided on : Feb-10-1956

Reported in : AIR1956Cal555

..... thereof of the owner or the driver of the vehicle. motor vehicle policies frequently contain clauses restricting the liability of the insurer in various ways viz., indemnity aforesaid may be limited by reference to the driver of the vehicle or the purpose for which it is used; certain types of such restrictions were ..... c 50). similar provisions have not been introduced in the indian act.69. the nature of the policy of guarantee depends upon the term* of the contract read along with the provisions of the act.. sub-section (5) of section 95 of the indian act seems to provide that the cover is available ..... therefore contended that only if the company consents to a transfer of the interest in the policy the transferee will become entitled to the cover of indemnity but there is no proof in the present case that the company ha$ consented to such a transfer. the manager of the insurance company alleged ..... in connection with his business with him. he also has not preserved any accounts of the business with which he was concerned when he came into contract with biswanath.22. from the trend of the evidence as noticed above, we have to depend upon the father, the brother and the widow of ..... before us that even if it be held that the onus as to the existence of a tripartite contract is on the plaintiffs, the learned subordinate judge was correct in assuming the existence of such a contract relying upon the presumption under section 114, evidence act.63. the very principle underlying the stringent .....

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Jan 13 1956 (HC)

Ramballav Dhandhania Vs. Gangadhar Nathmall

Court : Kolkata

Decided on : Jan-13-1956

Reported in : AIR1956Cal275

..... formerly perhaps a nominee qua nominee could not demand from the insurance company such moneys on the ground that under the common law the nominee was no party to the contract of insurance and the insurance company had to enquire into the title of the representative of the estate of the assured, (sic). the statute, therefore, can easily ..... wife and did not remain part of the estate of the assured. mr. roy also drew my attention to the comments appearing in the 3rd edition of the law of contract by cheshire and fifoot at pages 361-62 where the learned authors say: 'the result of these decisions, it will be observed, is not merely, as in -- ..... not form part of the assets of the estate of the deceased. the plaintiff was no doubt the nominee of the deceased; but she was no party to the contract between the deceased and the insurance society.' the learned counsel for the applicant also relied on the observations of lord esher m.r., in - cleaver v. mutual ..... ' (1892) 1 qb 147 (b) which was quoted at p. 521 of that report of the calcutta decision and which observations were in these terms : 'the contract is with the husband and with nobody else. the wife is no party to it. apart from statute the right to sue on such a ..... contract would clearly pass to the legal personal representatives of the husband*** i think that apart from any statute, no interest would have passed to the wife .....

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Dec 17 1956 (HC)

Ajit Kumar Bagchi Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Dec-17-1956

Reported in : AIR1957Cal350,61CWN576

..... act, the cutting had to be in specified zones, but there is nothing to show that the parties did not intend to treat the contract as a contract of wood that already existed. but even if it was a sale of wood that would come into existence within a specified date, even ..... goods' include growing crops, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, notwithstanding the definition of 'immovable property' in section 3(25), general clauses act, 1897. the learned judge also referred to a decision ..... possession also has been taken.we hold that the respondent has no right to interfere with the rights of the several petitioners under the contracts and agreements in their favour set out in their petitions and we hereby issue a writ prohibiting the state from interfering in any manner ..... in the shape of tendu leaves, or lac, or timber, or wood.....there isnothing in the act to affect the validity of the several contracts and agreements. the petitioners are neither proprietors within the meaning of the act nor persons having any interest in the proprietary right through the proprietors ..... to consider. the first case is firm chhotabhai jethabhai patel and co. v. stats of madhya pradesh, : air1953sc108 . several petitioners in that case entered 'into contracts and agreement with the previous proprietors of certain estates & mahals in the state, under which they acquired the rights to pluck, collect & carry away tendu leaves .....

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Dec 13 1956 (HC)

Evans Medical Supplies Ltd. Vs. Moriarty (inspector of Taxes).

Court : Kolkata

Decided on : Dec-13-1956

Reported in : [1958]33ITR700(Cal)

..... and of the installation of machinery appropriate and suitable for the manfacture of these known pharmaceutical products and for their processing by these secret processes. after the expiry of the contract (but not before), the company was at liberty to impart its know-how in relation to these matters to others in burma.' the judge thought, and i agree with him ..... , namely, is the pounds 100,000, though received in the course of trade generally, capital in the hands of company the judge answered 'yes'. he said : 'the effect of the contract was this : the company parted with its secret processes to the burmese government for ever, but upon the terms that the government would not without the consent of the company .....

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Sep 04 1956 (HC)

James Finlay and Co. Ltd. Vs. St. John Demetrius and anr.

Court : Kolkata

Decided on : Sep-04-1956

Reported in : AIR1957Cal585,61CWN794

..... answer the question as to whether the. father had ' purported to act as agent for a son so as to make the latter a party to the contract or whether the contract was made by the father alone for the benefit of the son as a third party. according to his lordship.'the material circumstances were: the money deposited was ..... be made by a and b with the bank to pay a or b. in both cases of course payment to b would discharge the bank whether the bank contracted with a alone or with a and b. but the question was whether in the case put b had any rights against the bank if payment to him was ..... which the deposit receipt only forms part, that the father did not purport to act as agent for his son in making the contract, so as to make the son a contracting party, but that the father alone contracted with the bank, though for the benefit of the son as a third party.' this being his lordship's view he agreed ..... so much of the money as was due on the deposit account.'in his lordship's view, if nothing had happened to prevent the son from ratifying the contract, he could sue the bank on the original deposit account. but, on the facts his lordship held that the son had known from the beginning that the ..... contract purported to be made on his behalf, that the money had been claimed and paid to his father's executors, and, therefore in his lordship's view, ratification .....

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Aug 01 1956 (HC)

Prasadi and anr. Vs. Works Manager (M) Lillooah and ors.

Court : Kolkata

Decided on : Aug-01-1956

Reported in : AIR1957Cal4,61CWN1,(1957)ILLJ272Cal

..... from the technical meaning it has come to acquire, it cannot mean, even in its ordinary connotation, a bare termination of ser- vice in accordance with the terms of a contract or the conditions of service. quite apart from the fact: that the case which mr. bose successfully made be fore the learned judge was wholly opposed to ' case which his .....

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Jul 25 1956 (HC)

Rameswar Tantia and anr. Vs. Mahabir Prosad Sureka

Court : Kolkata

Decided on : Jul-25-1956

Reported in : 1957CriLJ126

..... purposes agreed to in the contract of service and has really nothing to do with the first part. the first imposes an obligation and the second imposes another obligation by a prohibition and ..... darts, the first part places on the company an obligation to keep all moneys or securities deposited with the company by its employees in pursuance of their contract of service, with the company, in a special account in a scheduled bank, the second portion prohibits the utilisation of any such deposit except for the ..... for the purposes agreed to in the contract of service' would go to show that the money kept in deposit as contemplated by this sub-section must be a security deposit. i find it impossible ..... on a company to keep in a special account of a schedule bank all moneys or securities deposited with a company by its employee in pursuance of his contract of service. mr. sen argues that the last sentence of section 282 b (1) that 'no portion thereof shall be utilised by the company except ..... next argued that under section 282 b there is an obligation on the society to keep the money etc., deposited by an employee in pursuance of his contract of service with the company, only when the money is security deposit and not in any other case and as in this case the amount was .....

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