Court : Mumbai
Decided on : Apr-14-1931
Reported in : AIR1932Bom1; (1931)33BOMLR1291; 136Ind.Cas.497
..... claimed against respondent no. 1 specific performance on that basis and as against respondent no. 2 the balance of rs. 4,000 under what is really the contract of indemnity against mistakes in the accounts contained in the deed of dissolution. 4. the learned judge held that those two causes of action could not be joined. he ..... against w. & co. so that, in that case, as in this, the causes of action against the two parties were totally distinct and arose under different contracts, but the court of appeal held that the two causes of action could be joined in one action. it is quite true that the wording in the english rule ..... was no common question of fact or law. it seems to me obvious that there was a common question of fact, viz., what were the terms of the contract of sale,5. now, the plaintiffs' case is that the action is well constituted having regard to the terms of order i, rule 3. that rule provides ..... the firm to sell certain land belonging to the firm to respondent no. 1 and he entered the transaction in the books of the firm as being a contract to sell these lands to respondent no. 1 for rs. 9,000. the actual agreement for sale made between respondent no. 2 and respondent no. 1 ..... b. & co. to supply them with certain printed cards which were to conform to certain specimens supplied to them and in order to carry out that contract the plaintiff entered into another contract with w &. co. for the supply of the cards. w. & co. sent the cards direct to b. & co., and b. & co. refused to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-13-1931
..... as to place his claim, so far as its certainty of accrual and its susceptibility of liquidation are concerned, upon the same footing as the contract of indemnity which was held provable in williams v. u.s. fidelity co., supra, although the claimant had done nothing at the time of the bankruptcy to ..... satisfy the liability for which the indemnity was given. see also central trust co. v. chicago auditorium, supra, pp. 240 u. s. 593 -594. the claim against the indorser of paper ..... such as to make any valuation of the claim impossible, even though liability has attached. of this latter class was the claim upon the bankrupt's contract to pay his divorced wife a specified amount annually so long as she should remain unmarried, proof of which was for that reason rejected in dunbar ..... contingent claims in 63 of the present act has led to some confusion and uncertainty in the decisions, it is now settled that claims founded upon contract, which at the time of the bankruptcy are fixed in amount or susceptible of liquidation, may be proved under subdivision (a)(4) of that section ..... with a rebate of interest upon such as were not then payable and did not bear interest; . . . (4) founded upon an open account, or upon a contract espress or implied. . . ." "(b) unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-1931
Reported in : (1932)62MLJ533
..... a. sesha aiyar v. s.n. srinivasa aiyar : air1921mad459 and imbichi v. avukoya haji (1916) 33 m.l.j. 58 were read simply as a contract of indemnity conferring no benefit upon the creditors.6. this finding rebuts the plaintiff's claim, and there is no real necessity for the appellant-defendants to fall back upon ..... 127. there was no discussion whatever before us as to the effect of a mere charge on property as enabling a third person not a party to the contract to sue. as the misleading obiter dictum has, in one subsequent case at least, before a single judge, been relied on, apparently with some success (vide ..... . (1913) 38 mad. 753 : 26 m.l.j. 127 and the final decision on p. 287 is that a person not a party to a contract cannot sue 'unless the case falls within the exceptions indicated in the case above referred to.' these exceptions were no material part of the question before the bench, ..... the first ground proceeds to page 757, where it is held that no trust was created. 12. on page 762 this result is reached, that unless the contract has been performed so that a trust has already been created, the suit cannot be maintained.13. the head-note runs:held, that c who was a ..... their second line of defence that even supposing a charge had been created in his favour, plaintiff as no party to that contract, cannot make it .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-1931
Reported in : AIR1932Mad457
..... sesha ayyar v. srinivasa ayyar a.i.r.1921 mad.459 and imbichi v. anukoyi haji 39 i.c.867 were read simply as a contract of indemnity conferring no benefit upon the creditors.6. this finding rebuts the plaintiff's claim and there is no real necessity for the appellants-defendants to fall back ..... 753. there was no discussion whatever before us as to the effect of a mere charge on property as enabling a third person not a party to the contract to sue. as the misleading obiter dictum has, in one subsequent case at least, before a single judge, been relied on, apparently with some success (vide ..... the head-note to iswaran pillai v. taragan 38 mad. 753, and the final decision on p. 287 is that a person not a party to a contract cannot sue 'unless the case falls within the exceptions indicated in the case above referred to.' these exceptions were no material part of the question before the ..... first ground proceeds to p. 757, where it is held that no trust was created.12. on p. 762 this result is reached that, unless the contract has been performed so that a trust has already been created, the suit cannot be maintained.13. the head-note runs:held: that c who was a ..... upon their second line of defence that, even supposing a charge had been created in his favour plaintiff as no party to that, contract cannot make it part .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-22-1931
Reported in : AIR1932Cal182,136Ind.Cas.893
..... seeing that the prayer for relief against all the, defendants and against the estate was there. defendant 2 understood quite well that it was the indemnity to which the plaintiff desired to be surrogated as is evident from the passages from the written statement quoted above.31. we accordingly feel no ..... guardians of infants or the managing members of joint families or heads of religious endowments have or have not been allowed to be subrogated to the indemnity which such guardians, managing members or heads of religious endowments may have against the respective estates. we do not refer to those cases because ..... carrying on of the testator's business for the period of three years that they did. whatever right therefore the executors may have to an indemnity as between themselves and the beneficiaries, they had no such right as against the creditors.25. from the cases cited above the proposition may be ..... the course of the administration, for the purposes of the estate is personally liable for the payment of such debts, subject to his right of indemnity against the estate upon proof that the borrowing was in all respects proper and for the benefit of the estate. in that case the borrowing ..... to the necessary extent, and unless the right of the executor to the indemnity is established the creditor has none as against the estate. we are speaking here of simple cases of loans on promissory notes or hatchittas or other contracts, that is to say, cases where no charge has validly been created .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-11-1931
Reported in : AIR1932Bom631; (1932)34BOMLR1378
..... york by that agent under plaintiffs' instructions given on behalf of the defendants. the terms of exs. b and f relating to the liverpool contract are exactly the same. therefore the real nature of the relationship is that the defendants employed the plaintiffs as their agent to carry out certain ..... price, the nature of cotton, rate of commission, and the following remarks in the remark column:-basis middling american cotton, further stipulations as per official contract of the new york cotton exchange.7. exhibit a is the confirmatory note signed by the defendants and sent to the plaintiffs. it is addressed ..... are members of that association. finally he says that if the defendants' arguments are accepted it would lead to an anomalous position, as the contracts would be partly subject to the by-laws of the east india cotton association and partly by the by-laws and rules of the new ..... the obtaining of an award thereunder is a condition precedent under rule 55 of the rules of the liverpool cotton association limited. admittedly both the contracts, exhibits a and b, were made subject to the by-laws and rules of the new york cotton exchange and of the liverpool cotton association ..... . in other words the plaintiffs' contract is one of employment and their claim is one for indemnity and expenses. the defendants cannot have any rights against the plaintiffs in respect of the contract made in liverpool such as parties may have against each other if the contract for sale or purchase of cotton .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-13-1931
Reported in : AIR1931Cal676
..... damages and the question of indemnity doubtless would overlap in the circumstances of these agencies, and in the case of the burmah oil company we knew that the sum of rupees 12 lakhs ..... of the figure that is arrived at by means of the application of that test.13. no doubt cases like the present where the assessees had no contract for a fixed term of years may present features which render this line of reasoning less convincing. when a clerk is given three months wages 'in ..... that exemption, the circumstance that the receipt is casual or nonrecurring does not ground any claim to resist the tax. but if a has a favourable contract of service for ten years at a salary of 500 per annum more than any other employer would give him, and if at the end of ..... no meaning in the section; and it is at least arguable that what the draftsman meant to say is that when there is no express or implied contract that the agency should continue for any fixed period reasonable notice must be given of the revocation or renunciation of the agency &c.; the question of ..... principal, yet this rule is subject to exception arising from the particular circumstances of the case: and in india the matter has been dealt with by the contract act. section 206 lays down:reasonable notice must be given of such revocation or renunciation: otherwise the damage thereby resulting to the principal or the agent, .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-21-1931
Reported in : AIR1932All98
..... all persons so interested the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted in gaining such advantage,30. there can be no doubt that kanhaiya lal and govind sarup availed themselves of their position as cosharers, and collected the ..... be done both conjointly, unless they have appointed an agent to act on behalf of them all.(2) nothing m sub-section (1) shall affect any legal custom or special contract by which a cosharer in as undivided property is entitled to receive separately his share of the rent payable by a tenant.22. we have it from the patwari that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-08-1931
Reported in : AIR1932Bom344; (1932)34BOMLR683
..... up resolutions having been passed. he commenced-of course without leave-an action against the company and thedirect rs. praying for rescission of the contract to take shares on the ground of misrepresentation and for repayment and indemnity. leave was given to proceed with the action. indeed the liquidator who applied for stay was ordered to pay the costs.31. it seems .....Tag this Judgment!
Court : Chennai
Decided on : Mar-23-1931
Reported in : AIR1932Mad1a
..... title to the lands which he was prepared to defend if necessary. the district judge's view of the agreement is this:further, as to the promised indemnity contained in ex. a it could hardly have been contemplated, assuming for a moment that the intention of the parties was innocent, to indemnify the plaintiff ..... against a law, in the title which the plaintiff knew at the time of the contract to exist; defendant 1 could only be taken to have agreed to indemnify the plaintiff against defects in the title and a litigation arising therefrom of which ..... litigation that might ensue as a result of the breach of contract. the learned judge says, as already pointed out, that theycolluded together and brought about the sale transaction with intent to defraud defendant 1's brother ..... 185, which obtains in england, may well be applied. in this case the plaintiff knew well that defendant 1 had already entered into a contract with his brother for the sale of the lands; in spite of the information which was given by the defendant he 'tempted'him to break the ..... is that the plaintiff, when he was told by defendant 1 that he had already entered into a contract with his brother to sell the suit lands to him, 'tempted'him to break that contract by offering to purchase the lands at a higher price and also undertaking to risk the consequences of the .....Tag this Judgment!