Court : Mumbai
Decided on : Oct-16-1934
Reported in : AIR1935Bom236; (1935)37BOMLR304
..... there is a stipulation as in the policies here, the mere execution of a policy and its delivery to the assured will not make the contract a concluded contract. the plaintiffs say that even when there is such a stipulation or condition in a policy, if the policy recites that the premium was ..... incorporated herein.then the policy recites that the insured has paid to the corporation a sum of rupees, figures being mentioned, as premium for the indemnities undertaken, and goes on to state the period during which the policy was to be in force, and then witnesseth that the corporation will keep ..... policy remained with the insurers and no premium was in fact paid. upon these facts the court of appeal held that the policy constituted a complete contract of insurance and that by the recital therein the defendants had waived the condition for pre-payment of the premium, and therefore the risk under ..... latter suggest that it is gupta who is fighting this litigation.16. the substantial question, however, in the case is whether there was a concluded contract between the plaintiffs and the defendant. mr. rodrigues on behalf of the defendant has addressed before me a very careful argument relying upon certain authorities, ..... gupta and the defendant and the plaintiffs are not bound by it. gupta admits that he had no authority from the plaintiffs to enter into any contract of insurance on any terms. the point, however, is not now material. as to the rebate or commission of thirty-five per cent., there .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-20-1934
Reported in : 163Ind.Cas.331
..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-05-1934
..... , or her freight then pending, in cases of damage occasioned without the owner's privity or knowledge ( norwich co. v. wright, 13 wall. 104; hartford accident & indemnity co. v. southern pacific co., 273 u. s. 207 , 273 u. s. 214 ); the extension, by the act of june 26, 1884, 18, 23 stat ..... of our maritime policy. the ship, "from the moment her keel touches the water," becomes "a subject of admiralty jurisdiction;" she acquires personality; she becomes competent to contract, is individually liable for her obligations, and is responsible for her torts. tucker v. alexandroff, 183 u. s. 426 , 183 u. s. 438 . the ..... as it has been." the significance of this suggestion cannot be overlooked. the fact that mortgages on ships had not been considered to be maritime contracts was not conclusive as to the constitutional authority of the congress to alter or supplement the maritime law in this respect, and thus to extend ..... the owner; that the foundation of the rule was "that the mere mortgage of a ship, other than that of an hypothecated bottomry," was a contract "without any of the characteristics or attendants of a maritime loan," and was made "without reference to navigation or perils of the sea;" that it ..... or page 293 u. s. 36 agent of the vessel, for wages of the crew of the vessel, for general average, and for salvage, including contract salvage." the requirements of subdivision (a) of subsection d which must be met in order to obtain this preferred status are that the mortgage shall be .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-05-1934
..... the errand. cudahy packing co. v. parramore, 263 u. s. 418 , 263 u. s. 426 ; bountiful brick co. v. giles, 276 u. s. 154 , 276 u. s. 158 ; voehl v. indemnity ins. co., 288 u. s. 162 . the argument is made that a causal connection between the death and the explosion is not a necessary inference from the facts in evidence ..... fragments of his body being so small that an autopsy was impossible. we are told that, even so, the impact of the engine may have been fatal without more. the contract does not say that the holder of the policy is to have no claim against the insurer if he dies "by reason of" his participation in the carriage of explosives ..... . the contract says that he is to have no claim page 291 u. s. 582 against the insurer if he dies "when" he is participating in the carriage of explosives, just as ..... application, appears to me to obscure, rather than to define, the meaning of the term, and to violate the cardinal principle that, so far as their language reasonably admits, insurance contracts are to be interpreted most favorably to the insured.Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-08-1934
..... massachusetts] repeated temporary stay laws gave no real relief; they flattered and deceived the hope of the debtor, exasperating alike him and his creditor. . . ." ". . . [in pennsylvania] in december, 1784, debts contracted before 1777 were made payable in three annual instalments. . . ." "maryland, . . . in 1782, . . . enacted a stay law extending to january, 1784, . . ." "georgia, in august, 1782, ..... the midst of the events of which he speaks, says: "the nonpayment of public debts sometimes inferred a necessity, and always furnished an apology, for not discharging private contracts. confidence between man and man received a deadly wound. public faith being first violated, private engagements lost much of their obligatory force. . . ." "from the combined operation ..... a growing appreciation of public needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. the settlement and consequent contraction of the public domain, the pressure of a constantly increasing density of population, the interrelation of the activities of our people and the complexity of our economic ..... cases of the marcus brown company and the levy leasing company arose under legislation of new york, and the constitutional provision against the impairment of the obligation of contracts was invoked. the statutes of new york, [ footnote 15 ] declaring that a public emergency existed, directly interfered with the enforcement of covenants for the surrender of .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-20-1934
Reported in : AIR1935Bom5; (1934)36BOMLR1021
..... legalized in this way-that the widow became a mahomedan, that john thomas john became a mahomedan, and that having thus qualified himself for the enjoyment of polygamous privileges, he contracted in mahomedan form a valid mahomedan marriage with the widow, the appellant.the high court expressed doubts of the legality of this marriage; which their lordships think they were well ..... principles which he takes to be firmly established in the realm of private international law: (1) the forms necessary to constitute a valid marriage and the construction of the marrriage contract depend on the lex loci contractus; (2) on marriage the wife automatically acquires the domicile of her husband ; (3) the status of the spouses and their rights and obligations ..... the christian sense. in many of the cases importance has been attached to this question of intention (though usually, i think, for the purpose of determining whether a marriage not contracted in england was a christian marriage and therefore to be recognised in england). the learned chief justice has suggested that the present case can be distinguished in that respect, because ..... seriously disputed this position. according to him the court is not concerned with any question of monogamy or polygamy in this case. divorce has nothing to do with the marriage contract. the authorities clearly show that the dissolution of a marriage, and the determination of the manner in which a marriage may be dissolved, are matters for the lex. domicilii. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-04-1934
..... regulation no. 8, promulgated march 31, 1933, pursuant to this act, provides: "v. except as stated above [matter not here relevant], no payment may hereafter be made under contracts of yearly renewable term insurance (including automatic insurance), and all pending claims or claims hereafter filed for such benefits shall be disallowed." [ footnote 14 ] see note 11 [ footnote 15 ..... many grants of gratuities to veterans and dependents of veterans. congress apparently assumed that there was no difference between the legal status of these gratuities and the outstanding contracts for yearly renewable term insurance. it used in respect to both classes of benevolences the substantially same phrase. it repealed "all public laws" relating to the several ..... heavy burdens were assumed by the government. [ footnote 2 ] but the policies, although not entered into for gain, are legal obligations of the same dignity as other contracts of the united states and possess the same legal incidents. war risk insurance, while resembling in benevolent purpose pensions, compensation allowances, hospital and other privileges accorded to former members ..... for the government's obligation, the insured paid prescribed monthly premiums. white v. united states, 270 u. s. 175 , 270 u. s. 180 . true, these contracts, unlike others, were not entered into by the united states for a business purpose. the policies granted insurance against death or total disability without medical examination at net premium rates .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-01-1934
Reported in : AIR1935All247; 152Ind.Cas.487
..... . the only question for consideration was whether in that case the mortgagee decree-holder could proceed with the sale without establishing that the mortgage debt was contracted without family necessity. the point was decided against the mortgagee and it was held that before the sale takes place, the mortgagee must, in order ..... . i would therefore dismiss the appeal.rachhpal singh, j.12. i agree. i think that the proposition is well settled that where a father has contracted a debt for his own personal benefit, the creditor may obtain a money decree against the father alone, and may enforce the decree by attachment and ..... a satta transaction need not be a gambling transaction if either of the parties intends to make delivery of the goods in case of breach of contract. it can be a gambling transaction only if it is the common intention of both the parties that in no event would delivery take place and ..... inquiry beyond what appears on the face of the proceedings and that therefore the sons must show that they had notice that the debts had been contracted for immoral or illegal purposes. so far as strangers are concerned, it makes no difference whether only the sale has taken place and has been ..... means of a compulsory sale. after the sale has taken place under the authority of the court, the matter passes beyond the stage of a mere private contract or private transfer, and therefore different considerations apply. the case of sahu ram chunder v. bhup singh 1917 p.c. 1917 p.c. 61, was .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-05-1934
Reported in : AIR1936Cal44,160Ind.Cas.1056
..... the purposes for which it was contributed. there really is in this matter nothing whatever in the shape of a consideration which could form a contract between the parties.17. i respectfully agree with the views expressed by pearson, j. it is to be noted that this decision was given ..... in the subscribers' book for rs. 100, and the question was whether the plaintiff, as one of the persons who made himself liable under the contract to the contractor for the cost of the building, could sue, on behalf of himself and all those in the same interest with him, to ..... the whole of that rs. 40,000 the commissioners, including the plaintiff, were liable to the contractor as well as for the amount of the original contract, because the additions to the buildings were made by the authority of the commissioners and with their sanction. the defendant, on being applied to, put ..... work to see what subscriptions they could obtain. when the subscription list had reached a certain point the commissioners, including the plaintiff, entered into a contract with a contractor for the purpose of building the town hall, and plans of the building were submitted and passed; and as the subscription list ..... which were legally binding upon the testator. such for example, as periodical subscriptions payable to a club or other institution under the terms of a contract of membership, or where work has been undertaken or debt incurred at the promisor's instigation, or upon his promise to indemnify, express or implied .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-01-1934
Reported in : AIR1934All587; 150Ind.Cas.438
..... the plaintiff is entitled to claim from the defendants the enhanced duty on silver is in the first instance one of interpretation of the written contract. if the contract were clear and had made the defendants liable to pay in addition to the contractual price the enhanced duty as well, there would be ..... to the defendants. the parties therefore dealt with each other as principal to principal. the plaintiff can only recover the difference between the actual contract price and the sale price and not necessarily any loss which he may have suffered on account of his own private transaction with a third party ..... the interval of time between the date of the contract and the date of delivery was so short that a fresh order for importing goods could not have been contemplated. the position, in our opinion, ..... the indian market itself. plenty of silver bars must have been in india before the enhanced duty came into effect. there is nothing in the contract to indicate that the defendants contemplated that the plaintiff would import these silver bars from outside in order to deliver them to the defendants. indeed, ..... goods produced in india. section 10 lays down thatin the event of any duty of customs...on any article being increased...after the making of any contract for the sale of such article...duty paid, where duty was chargeable at that, (a) if such...increase so takes effect that the...increased .....Tag this Judgment!