Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1930 Page 1 of about 157 results (0.044 seconds)

May 07 1930 (PC)

Mathura Das and ors. Vs. Secy. of State and anr.

Court : Allahabad

Decided on : May-07-1930

Reported in : AIR1930All848

..... this decree has been affirmed in appeal by the lower appellate court.6. a contract of indemnity or a contract of guarantee may be created either by parol or by a written instrument. ch. 8, contract act, is not exhaustive on the subject. a contract of guarantee need not necessarily be in writing; it may be express, by ..... legal effect of the document dated 15th august 1917. it was not pleaded in this case that the reason for the non-execution of a fresh contract of guarantee was that the parties who were vitally concerned in the matter were agreed that the document, dated 15th august 1917, was to remain operative ..... mouth, or it may be tacit or implied and may be inferred from the course of conduct of the parties concerned. in this case the only contract which has been set up is the one evidenced by the document dated 15th august 1917.7. contrasts of guarantee have to be interpreted having due ..... not come forward to notify that their suretyship had ended.10. it was no duty of hira lal to offer a fresh instrument embodying a contract of guarantee, when no such security was asked for from him. similarly the sureties lay under no obligation to come forward and notify that their liability ..... the contract. it is important to note that conditions contained in general terms are subject to restrictions which follow from the nature and character of the principal's engagement. in pearsall v. summer sett [1815] 4 taunton's rep. 593, it was held that the extent of the condition of an indemnity bond .....

Tag this Judgment!

Feb 18 1930 (PC)

Ramaswami Reddy Vs. Emperor

Court : Chennai

Decided on : Feb-18-1930

Reported in : AIR1931Mad235

..... . the appellant's denial of the existence of the note or statement that he had returned it to the maker or his repudiation of his liabilities under the contract of indemnity were thus no more than a breach of contract, but not a criminal offence of breach of trust.4. the conviction is set aside and the fine, if paid, will be refunded. ..... .2. there can be no entrustment and therefore no breach of trust in such oases merely because the owner of the property repudiates his obligations or commits other breach of contract in respect of them. the property, in respect of which criminal breach of trust can be committed, 'must be the property of some person other than the accused or the .....

Tag this Judgment!

May 19 1930 (FN)

Merchant Fleet Corp. Vs. Harwood

Court : US Supreme Court

Decided on : May-19-1930

..... was formed under the general laws of the district of columbia is persuasive, even standing alone, that it was expected to contract and to stand suit in its own person, whatever indemnities might be furnished by the united states." see united states v. wood, 290 f. 115, 263 u.s. 680 ..... public obligations. its entire capital stock is government-owned. its funds and property were furnished to it by the government. they and government indemnity are alone the sources from which its obligations will be defrayed. it was created as a government agency to construct a fleet of vessels ..... specified exceptions, the emergency shipping fund provisions of the urgent deficiencies act of june, 1917, as amended. section 2(b)(1) directed that "all contracts or agreements" previously made under the emergency shipping fund legislation "be assumed and carried out by the united states shipping board." but 2(b)(2 ..... representing and acting . . . for and in behalf of the united states of america (hereinafter referred to as the owner)." it cancelled the earlier contracts, with some exceptions relating to the completion of the steel ships, and settled and released numerous other claims not now important, saving certain claims growing ..... . page 281 u. s. 527 petitioner also insists that, even though the fleet corporation is bound by its contracts, the liability has been undertaken .....

Tag this Judgment!

Jan 27 1930 (PC)

Muhammad Siddiq and ors. Vs. Muhammad Nuh

Court : Allahabad

Decided on : Jan-27-1930

Reported in : AIR1930All771

..... always be in express words. it therefore follows that if a statute lays down that a certain covenant should necessarily be implied in a certain contract and that contract itself is in writing registered, article 116 would be applicable and the time begins to run from the date of dispossession. the observations of ..... to or understood by the ladies, on which the court framed a specific issue in the following words:did the vendors understand and agree to the indemnity clause as it stands and what would be the vendors' liability under section 55 sub-clause (2)9. but the plaintiff did not offer any ..... was given a similar effect. thus there is a considerable preponderance of authority in favour of the view that even in cases of implied covenants if the contract itself is registered, article 116 is applicable. we see no good ground for making a departure from this abundance of authority.21. in the case ..... sale for arrears of rent under the bengal regulations. the suit was one for recovery of the sale price and not for damages for breach of contract. there being no registered document in the case their lordships had not to consider the applicability of article 116 at all. thus both these cases ..... entitled to; and that therefore the present plaintiff can enforce a covenant for indemnity in the same way as bishun dat himself would have done. indeed, section 55, sub-clause (2), in itself provides that the benefit of such contract shall be annexed to and shall go with the interest of the transferee, .....

Tag this Judgment!

May 02 1930 (PC)

Gauri Shankar Sharma and ors. Vs. Thakur Mewa Ram

Court : Allahabad

Decided on : May-02-1930

Reported in : AIR1931All600

..... made of the property in which all the three brothers were interested on 1st august 1913, and they contracted the loan in question and executed the deed in suit on 8th august 1913 taking an indemnity bond from shambhu nath. the decree was satisfied on the following day. the learned district judge says thateven ..... is in suit and which was in fact due from shambhu nath. it is important to note that he executed a deed of security or indemnity in favour of peshi ram against any loss resulting to him from joining with shambhu nath in executing the deed in suit. we have tried ..... has not been challenged before us. both the courts below have likewise found that peshi ram had, under the circumstances in which the loan was contracted, authority to contract it so far as to bind the joint family property belonging to himself and the contesting defendants. as will presently appear, the grounds on which ..... members of a joint hindu family to which the hypothecated property belonged, that there was no legal necessity for the loan alleged to have been contracted by peshi ram and that the family property was not liable to be sold in enforcement of the mortgage deed in suit. the contesting defendants ..... if suit no. 35 of 1912 is considered to be against shambhu nath alone, a similar argument will apply, i. e.,12. shambhu nath being the head the family, contracted the loan .....

Tag this Judgment!

Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. B.B. and C.i. Ry. Co. Ltd. and anr.

Court : Kolkata

Decided on : Dec-15-1930

Reported in : AIR1931Cal489

..... packages were in good condition.5. the next point is whether the railway company has got an absolute indemnity under the terms of the risk-note. now, lit appears to be clear from the risk-note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the conditions of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

Tag this Judgment!

Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. the Bombay Baroda and Central India Railway C ...

Court : Kolkata

Decided on : Dec-15-1930

Reported in : 131Ind.Cas.31

..... packages were in good condition.4. the next point is whether the railway company has got an absolute indemnity under the terms of the risk note, now, it appears to be clear from the risk note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the condition of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

Tag this Judgment!

Jul 22 1930 (PC)

Ramjiban Serowgee and ors. Vs. Nippon Yusen Kaisha and ors.

Court : Kolkata

Decided on : Jul-22-1930

Reported in : AIR1931Cal373

..... no. of dates of dates of dates of name of date of dates of amount. jute mill bales mate's b-lading. letters of steamer. sailing. plaintiffs'company. receipts. indemnity cheques. ------------------------------------------------------------------------------------------1 2 3 4 5 6 7 8 9------------------------------------------------------------------------------------------kensington. 75 18th may 18th may 18th may moji maru 19th may 24th may l6,200dalhousie. 75 17th may 17th ..... them, demanded payment by the export; company. meantime the steamer had sailed and recourse to the goods themselves, even if legally justifiable, was out of the question.6. the contract between the plaintiffs and their buyers and sellers provides:7. payments to be made in cash in exchange for delivery order on sellers, or for railway receipt, or for dock ..... knowledge that the goods were the plaintiff's or that the plaintiffs had a special property in them, assuming that to have been the case. the shipping company had contracted with the exports company to carry the goods and if the shipping company were prepared to forgo the production of the mate's receipt, which is an acknowledgment of the ..... the original side for finding upon the issue:whether the taiwan bank or the endorsee of the bills of lading or any of then can by virtue of section 178, contract act, claim; bettor title to the goods as against the plaintiff than the title of the international export company.52. on receipt of the finding final order will be .....

Tag this Judgment!

Apr 14 1930 (FN)

John Baizley Iron Works Vs. Span

Court : US Supreme Court

Decided on : Apr-14-1930

..... injured, was working upon an uncompleted vessel -- page 281 u. s. 231 a thing not yet placed into navigation and which had not become an instrumentality of commerce. in millers' indemnity underwriters v. braud, 270 u. s. 59 , the decedent met his death while cutting off piles driven into the land under navigable water. this had only remote relation to navigation ..... barge lying nearby, in navigable waters and alongside a wharf. recovery for this injury under the local compensation law was allowed by the state court on the ground that the contract of employment had no relation to navigation, and was nonmaritime. this, like the rosengrant case, seems to differ from northern coal & dock co. v. strand, 278 u. s. 142 , in ..... , 100 so. 897. in that case, one employed as a lumber inspector by a lumber manufacturer, under a nonmaritime contract of employment, was injured in the course of his employment while temporarily on board a schooner lying in navigable waters near his employer's mill. he was there engaged in ..... of rosengrant v. havard, 273 u.s. 664, which affirmed, without opinion but on the authority of grant smith-porter ship co. v. rohde, 257 u. s. 469 , and millers' indemnity underwriters v. braud, 270 u. s. 59 , a judgment of the supreme court of alabama, ex parte rosengrant, 213 ala. 202, 104 so. 409; ex parte havard, 211 ala. 605 .....

Tag this Judgment!

Mar 26 1930 (PC)

Ramnarayan Satyapal Vs. Carey and anr.

Court : Kolkata

Decided on : Mar-26-1930

Reported in : AIR1931Cal491

..... as i see no reason to doubt. the plaintiff is entitled to recover against the defendants and the defendants no doubt will be able to obtain an indemnity by an order of the subordinate judge at dhanbad enabling them to recoup themselves out of the assets if they are called upon to satisfy the decree ..... judge and also an abstract of such accounts which shows that the total amount of coal sold to other persons by the defendants in breach of the contract in suit is 10,462 tons 9 cwts. this quantity differs by about 1,000 tons from the quantity which the defendants would be prepared to ..... case just cited:i think that these cases further establish that such a receiver, although appointed for the' benefit of the debenture-holders, is not the agent to contract, either of the court or of anybody else, but is a principal.9. lastly, in parsons v. sovereign bank of canada [1913] a.c. 160, ..... trighunait brothers against p. f. lin-ton & ors, and, by the order appointing them, they were required to secure the sanction of the court to contracts for the sale of coal.3. the defence preferred on behalf of the defendants at the hearing is based upon their receivership, and the following issues have been ..... so much coal as was available after messrs. andrew, yule & co., ltd., had been satisfied. at the hearing, it has not been denied that the contract in suit was entered into and that there has been a breach, and the only question of substance is whether the defendants are personally liable, though there may .....

Tag this Judgment!


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