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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1920 Page 1 of about 171 results (0.063 seconds)

Mar 09 1920 (PC)

K.R. Chitguppi and Co. Vs. Vinayak Kashinath Khadilkar

Court : Mumbai

Decided on : Mar-09-1920

Reported in : AIR1921Bom164; (1920)22BOMLR659; 58Ind.Cas.184

..... to get all the office expenses. on the same day defendant no. 2 wrote a loiter to the plaintiffs in which the terras of the contract of indemnity and guarantee were set forth. ' he undertook to indemnify the firm against all losses, damages and expenses whatsoever the plaintiffs might suffer by reason ..... letter between the parties. a commission of 7 1/2 per cent, and a payment of office expenses was one of the conditions of the contract with the principal and a commission of 22 per cent, without payment of office expenses was the condition subsquently introduced. the courts do not consider ..... 1. the plaintiffs in this case sued defendant no. 1, the principal debtor, on the contract of nub-agency, for the price of goods supplied to him and for accounts, and defendant no. 2 upon his contract of indemnity and guarantee.2. the defence of defendant no. 2, with which we are concerned in this ..... appeal, was that in consequence of a subsequent variation in the contract between the plaintiffs and defendant no. 1 he was absolved from ..... all liability in respect of the contract subsequent to the variation.3. the .....

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Jul 12 1920 (PC)

Sri Rajah Venkata Rangayya Appa Rao Bahadur Zemindar Garu and ors. Vs. ...

Court : Chennai

Decided on : Jul-12-1920

Reported in : 60Ind.Cas.164; (1920)39MLJ316

..... be suggested that there was anything unreasonable in the conduct of the plaintiff or that he incurred any expense which he ought not to recover under his contract of indemnity.4. we may also mention as regards this point that notice was given at a very early date to the defendants in this suit which had been ..... between solicitor and client and it obviously must be so because unless it were so there would be really no indemnity at all. that has been laid down by the high authority of lord tenterdon in smith v. compion (1832) 3 b & ad, 407 by kelly, ..... the actual costs which he has had to pay to his own legal adviser. we are only concerned in this case with the practice in cases of indemnity such as the present and with regard to such practice it appears to be well settled law in england that a party is entitled to recover costs as ..... on that account to the plaintiff who has had to defend the suit at great expense. therefore we hold that both the clauses contain a covenant of indemnity which the plaintiff is entitled to enforce in this suit.3. the only other question which has been argued before us is whether the plaintiff is entitled ..... sons respectively.2. the subordinate judge has given judgment for the plaintiff and we think he is right. the covenants in the deed of sale and in the indemnity bond are practically the same, and the covenant in the sale deed is accurately translated in para. 8 of the subordinate judge's judgment. it says ' .....

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Jul 12 1920 (PC)

Raja Venkatarangayya Appa Rao and Two ors. Vs. Raja Varaprasada Rao Na ...

Court : Chennai

Decided on : Jul-12-1920

Reported in : AIR1921Mad544; (1920)ILR43Mad898

..... be suggested that there was anything unreasonable in the conduct of the plaintiff, or that he incurred any expense which he ought not to recover under his contract of indemnity.6. we may also mention as regards this point that notice was given at a very early date to the defendants in this suit of the suit ..... as between solicitor and client, and it obviously must be so, because unless it ware so there would be really no indemnity at all. that has been laid down by the high authority of lord tenterden in smith v. compton (1832) 3 b, & ad., 407, and martin, b ..... the actual costs which he has bad to pay to his own legal adviser. we are only concerned in this case with the practice in cases of indemnity such as the present and with regard to such practice it appears to be well-settled law in england that a party is entitled to recover costs ..... on that account to the plaintiff who has had to defend the suit at great expense. therefore, we hold that both the clauses contain a covenant of indemnity which the plaintiff is entitled to enforce in this suit.5. the only other question which has been argued before us is whether the plaintiff is entitled ..... respectively.2. the subordinate judge has given judgment for the plaintiff, and we think he is right. the covenants in the deed of sale and in the indemnity bond are practically the same, and the covenant in the sale deed is, accurately translated in paragraph 8 of the subordinate judge's judgment. it says:if .....

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Jul 10 1920 (PC)

Muhammad Insha Allah Khan Vs. Muhammad Ubed-ullah and ors.

Court : Allahabad

Decided on : Jul-10-1920

Reported in : (1921)ILR43All132

..... to think that the estate of the deceased guarantor could not be held liable for a default made years alter his death, because under the contract of indemnity there was a condition that either one or both of the guarantors could, at any moment, terminate his or their liability, and that this ..... the postal authorities. unless and until the period of six months had elapsed after a notice to revoke, their liability, the contract of indemnity remained and the estate of both was liable. there must have been hundreds or even thousands of persons who had been employed under similar ..... the peon to supply other approved security or make other suitable arrangements. it seems to me therefore clear that on a proper construction of the contract, as no notice was given by hafiz rahman as contemplated in the bond during his life or after his death by iris representatives, his estate ..... the continuance of the service of zanur-ul-hasan. the death of one of the sureties during the continuance of the service did not affect the contract of guarantee, and in our opinion the claim of the plaintiff respondent was rightly decreed by the court below. we, therefore, dismiss this application with ..... english law on the subject of continuing guarantees is somewhat different from the indian law, we wish to confine ourselves to the indian cases and the indian contract act alone, the important portions of the security bond which we have to construe are:(1) that the sureties bound 'ourselves, our heirs, executors, .....

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Jul 30 1920 (PC)

Mohammad Ubed Ullah and ors. Vs. Mohammad Insha Allah Khan

Court : Allahabad

Decided on : Jul-30-1920

Reported in : AIR1921All287; 61Ind.Cas.138

..... inclined to think that the estate of the deceased guarantor could not be held liable for a default made years after his death, because under the contract of indemnity there was a condition that either one or both of the guarantors could, at any moment, terminate his or their liability, and that this condition ..... the postal authorities. unless and until the period of six months had elapsed after a notice to revoke their liability, the contract of indemnity remained and the estate of both was liable. there must have been hundreds or even thousands of persons who had been employed under similar ..... the peon to supply other approved security or make other suitable arrangements. it seems to me, therefore, clear that on a proper construction of the contract, as no notice was given by hafiz rahman as contemplated in the bond daring his life or after his death by his representatives, his estate must ..... interpret the bond and gather from it what was, in fact, the intention of the parties, that is to say, what, in fact, was the contract. it is quite clear that the postal authorities would never have admitted the peon into their per service unless his honesty during the whole course of his ..... daring the continuance of the service of zihur ul-hasan. the death of one of the sureties daring the continuance of the service did not affect the contract of guarantee, and, in our opinion, the claim of the plaintiff respondent was rightly decreed by the court below. we, therefore, dismiss this application with .....

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Feb 24 1920 (PC)

Karim Elahi Sheti Vs. Sher Ahmed Haji Mir Ahmed

Court : Mumbai

Decided on : Feb-24-1920

Reported in : AIR1921Bom195

..... party at the hearing of the suit between the plaintiff and the defendant, and also had jurisdiction to decide the questions between the third party and the defendant on the contract of indemnity.6. now, it is quite certain from the records, and from what has been told the court by mr. kanga who appeared at the argument of the summons for ..... the hearing of such application, may, if satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at ..... no mention in the civil procedure code of third party procedure. the intention is to prevent a multiplicity of suits by bringing in third parties against whom a defendant claims contribution or indemnity. the first step is to issue a notice by leave of the court or a judge a copy of the notice is served on the required person according to the .....

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Feb 24 1920 (PC)

Karim Elahi Sheth Vs. Sher Ahmed Haji Mir Ahmed

Court : Mumbai

Decided on : Feb-24-1920

Reported in : (1921)ILR45Bom24

..... party at the hearing of the suit between the plaintiff and the defendant, and also had jurisdiction to decide the questions, between the third party and the defendant on the contract of indemnity.6. now, it is quite certain from the records, and from what has been told the court by mr. kanga who appeared at the argument of the summons for ..... the hearing of such application, may, if satisfied that there is a question proper to be tried as to-the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice to be tried in such manner, at ..... no-mention in the civil procedure code of third party procedure. the intention is to prevent a multiplicity of suits by bringing in third parties against whom a defendant claims contribution or indemnity. the first step is to issue a notice by leave of the court or a judge. a copy of the notice is served on the required person according to the .....

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Jul 23 1920 (PC)

Manalal Kaghunath Vs. Radhakison Ramjiwan

Court : Mumbai

Decided on : Jul-23-1920

Reported in : (1920)22BOMLR1018

..... . 685 was a case between a broker and his client. the plaintiff, a broker, entered into contracts on behalf of the defendant upon which he became personally liable and he sued the defendant for indemnity against the liability incurred by him and for commission. lindley j., who tried the case, came to ..... neither given nor taken delivery. he might have done so before 1914 (p. 29). amongst the indian brokers there could not be a written contract; all contracts were made orally by indian brokers (p. 32). he had dealings with five of the persons with whom plaintiffs dealt and had never given ..... his covering dealings, if any, on the other. can it matter whether the adatia if he covers does so by means of pakka, contracts or wagering contracts? none whatever as far as i can see.15. now will be seen the confusion which has arisen owing to the single issue in ..... were stocks and shares ever delivered. the respondent brought the action to recover securities handed to the appellants for the performance of his contract, alleging that the contracts were gambling transactions for differences. cave j. in summing up said:-notwithstanding those ostensible terms of business, was there a secret understanding ..... they took to speculating and lost most of their resources. the plaintiffs are what may be called outside brokers, and not recognised shroffs whose contracts are accepted in the market in which this peculiar business is done.10. the business between the plaintiffs and defendants was carried on by .....

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Jul 23 1920 (PC)

Manilal Raghunath and ors. Vs. Radhakisson Ramjiwan, a Firm

Court : Mumbai

Decided on : Jul-23-1920

Reported in : AIR1921Bom238; (1921)ILR45Bom386

..... b. 794 was a case between a broker and his client. the plaintiff, a broker, entered into contracts on behalf of the defendant upon which he became personally liable and he sued the defendant for indemnity against the liability incurred by him and for commission, lindley j., who tried the case, came to ..... neither given nor taken delivery. he might have done so before 1914 (p. 29). amongst the indian brokers there could not be a written contract; all contracts were made orally by indian brokers (p. 32). he had dealings with five of the persons with whom plaintiffs dealt and had never given ..... and his covering dealings, if any, on the other. can it matter whether the adatia if he covers does so by means of pakka contracts or wagering contracts? none whatever as far as i can see.16. now will be seen the confusion which has arisen owing to the single issue in ..... stocks and shares ever delivered.19. the respondent brought the action to recover securities handed to the appellants for the performance of his contract, alleging that the contracts were gambling transactions for differences. cave j. in summing up said:notwithstanding those ostensible terms of business, was there a secret understanding ..... they took to speculating and lost most of their resources. the plaintiffs are what may be called outside brokers, and not recognized shroffs whose contracts are accepted in the market in which this peculiar business is done.10. the business between the plaintiffs and defendants was carried on by .....

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Dec 20 1920 (FN)

Thornton Vs. Duffy

Court : US Supreme Court

Decided on : Dec-20-1920

..... course of their employment." this was an alternative granted, and its conditions were fulfilled, it was contended, and that, upon the faith of the fulfillment of it and in indemnity against contingencies, plaintiff entered into a contract of insurance with the aetna company. it was further contended that the alternative and the insurance against its requirements became property, and inviolable; became ..... who indemnified themselves by insurance. this was considered necessary to execute the policy of the state, and we are unable to yield to the contention that property rights or contract rights had accrued against it. to assert that the first steps of a policy make it immutable is to assert that imperfections and errors in legislation become constitutional rights. ..... to injured employees, or the dependents of killed employees, the compensation and benefits provided for in 1465-41a to 1465-106, general code of ohio, if such employers, by contract or otherwise, shall provide for the insurance of the payment by them of such compensation and benefits, or shall indemnify themselves against loss sustained by the direct payment thereof. the ..... to enforce a legitimate public policy includes the right to change and improve its regulations for that purpose, even to the making of changes which conflict with the arrangements and contracts made by individuals in reliance on previous regulations. p. 254 u. s. 369 . 3. the state of ohio, in carrying out its policy of workmen's compensation ( see .....

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