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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1934 Page 7 of about 158 results (0.039 seconds)

Aug 03 1934 (PC)

Shankarlal Bansilal Mundade Vs. Raghunathdas Anandram

Court : Mumbai

Decided on : Aug-03-1934

Reported in : AIR1935Bom233; (1934)37BOMLR778

..... act is to provide a special procedure in the investigation of claims made against agriculturists. whatever they may have bound themselves to, the court is bound to set the original contract aside, to inquire into it from its very beginning, and to pass a decree on certain denned lines, after taking an account. the decree so passed is subject to special ..... act comes into force.' in gadigeppa v. balangowda : (1931)33bomlr1313 , in which case an infant, by representing that he was of age, had induced another person to enter into a contract with him, the learned chief justice observed that no person can, by application of the law of estoppel, or by any rule of procedure, acquire or have assigned to him ..... entitled to have a dissolution at an earlier date and their lordships held that a partner's right to a decree for dissolution rested, in its origin, not on a contract but on his inherent right to invoke the court's protection on equitable grounds. in the case before us the defendant has a statutory right to invoke the court's .....

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Sep 03 1934 (PC)

South India Railway Co. Ltd. Vs. S.M. Bhashyam Naidu and ors.

Court : Chennai

Decided on : Sep-03-1934

Reported in : AIR1935Mad356

..... subject and it is difficult to read it as importing; a further decision that these instructions are right, in view of the terms of 'the particular contract. it is from this point of view that we attach particular significance to the fact that the contractor had not been heard at all before ex. ' ..... followed by him is at least important as indicating whether in the particular instance he intended to act only as a servant of one of the contracting parties or in the conscious exercise of the powers conferred on him by the special terms of the agreement. this aspect of the question is adverted ..... agreement.8. our attention has been drawn to several cases dealing with the position of architects or engineers whose decision is made final, in respect of contracts 'whose execution is put under their supervision. it is not necessary to refer to them in detail. there has no doubt been a consensus of opinion ..... 1-a, that' this is a kind of executive instruction issued to his own subordinates before any particular claim had been made so far as the plaint contract was concerned : and even before us, it was not insisted on as amounting to any decision within the meaning of clause 41.5. on behalf of ..... object to some of the items which have been allowed by the lower court, out of the claim made by the plaintiff on the basis of a contract between his grandfather and the company, in connection with the construction of the shoranur nilambur railway. a number of items were claimed, a specified in several .....

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Mar 29 1934 (PC)

ishwara Shetty Vs. Ramappa Shetty and ors.

Court : Chennai

Decided on : Mar-29-1934

Reported in : 152Ind.Cas.201

..... the leasehold interest free from the plaintiff's sub-mulgeni right. it may also be pointed out that in any case section 69 of the contract act applies because the plaintiff as sub-mulgenidar had an interest in making the payment to protect his possession which was threatened and that the appellant ..... , the appellant to pay rs. 276-4-0 to appanna rai, the other mortgagee. but this does not amount on a proper construction to any contract limiting the appellant's liability to bear the burden of a covenant for quiet enjoyment. it only mentions the, amount which the parties then thought sufficient ..... the rent, or otherwise recover it from the lessor. by section 109, if the lessor transfers the property leased, the transferee, in the absence of a contract to the contrary, shall possess all the rights and if the lessee so elects, be subject to all the liabilities of the lessor as to the property ..... defendant had in fact the benefit of the payment by the appellant and he thought that the conditions required by sections 69 and 70 of the contract act were satisfied. having so held against the theory of voluntary payment, the learned subordinate judge also rejected the theory of the plaintiff's right being ..... plaintiff was a mere volunteer and that he was not entitled to recover anything as he did not satisfy the conditions of section 69 of the contract act and although he worked out the figures which the plaintiff and the 1st defendant would have to contribute in case the plaintiff was entitled to .....

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Mar 19 1934 (PC)

imperial Chemical Industries (India) Ltd., in Re.

Court : Kolkata

Decided on : Mar-19-1934

Reported in : [1935]3ITR21(Cal)

..... and he claimed that the pound 3,00,000 ought to be treated as an expenditure on capital account as being an expenditure which brought to an end an onerous contract and secured to the company a freedom from charges which would otherwise have continued for some years. the commissioners of income tax accepted the latter argument and held that the ..... question of fact. i do not question what they say about the facts, or claim a jurisdiction to question that it was enduring benefit by getting rid of an onerous contract. all that i say is that does not go far enough. when i look at the facts, so far, all i see is one thing, that is getting rid of .....

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Apr 30 1934 (FN)

Dayton Power and Light Co. Vs. Public Util. Comm'n

Court : US Supreme Court

Decided on : Apr-30-1934

..... was reduced accordingly. in view of the close relation between the affiliated companies, the burden was upon the appellant to sustain the fairness of the contract. we cannot hold that it did so in opposition to the judgment of a commission acquainted with prices and other conditions in the localities affected. ..... the appellant in the conduct of its business. these, as claimed by the appellant, were $38,395; the commission reduced them to $32,432. a contract had been made with the columbia engineering & management corporation, an affiliated company, for services as manager in return for a percentage of the gross earnings. ..... is the appraisal of the leases at over $7,000,000 an arbitrary act, which in turn has brought about an arbitrary rejection of the contract for gas delivered at the gates, and hence an infringement of constitutional immunities? as to that issue, the burden of proof rests heavily on the ..... expenses. the chief item of controversy under this head is the price payable to the affiliated seller for gas delivered at the gates. the contract between the appellant and the ohio fuel gas company called for payment at the rate of 45 cents per thousand cubic feet; the commission found ..... in this case was under the burden of showing that, in its transactions with the affiliated seller, which was itself subject to rate regulation, the contract price was no higher than would fairly be payable in a regulated business by a buyer unrelated to the seller and dealing at arms length. pp .....

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Jul 20 1934 (PC)

Kumar Raj Krishna Prosad Lal Singh Deo Vs. Barabani Coal Concern Ltd. ...

Court : Kolkata

Decided on : Jul-20-1934

Reported in : AIR1935Cal368

..... binding no question of the estoppel of the tenancy ceasing by reason of eviction by title paramount really arises. it is said that by the kabuliyat of 1918 the company contracted themselves out of their rights to cease to pay rent on eviction by title paramount. title or no title the company made themselves liable to pay at the reduced rate ..... to say that the man whose title he admits, and under whose title he took possession, has not a title. that is a well established doctrine. that is estoppel by contract. in the recent case of bilas v. desraj 1915 pc 98 at 207 (of 42 i.a.) their lordships of the judicial committee observed that:section 116, evidence act, is ..... which is based on a very different principle. section 116 deals with instances of estoppel by agreement based on permissive enjoyment. the estoppel of a tenant is founded upon a contract between him and his landlord. as has been pointed out in re stringer's estate v. jones ford, 6 ch d 9 the tenant took possession under the ..... contract to pay the rent as long as he held possession under the landlord, and to give it up at the e d of the term to the landlord, and having .....

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Dec 03 1934 (FN)

United States Mortgage Co. Vs. Matthews

Court : US Supreme Court

Decided on : Dec-03-1934

..... purpose which the legislature had in mind, and which we cannot say was arbitrary or fanciful." it is well established doctrine that, where the contract clause is invoked, this court must determine for itself the nature and effect of the alleged agreement and whether this has been impaired. funkhouser v ..... only such amendments or additions as had been made prior to the execution of the mortgage." also that chapter 56 impairs the obligation of the contract between the parties and therefore conflicts with article 1, 10, of the federal constitution, but is not subject to objection, "on the ground ..... , and the fourteenth amendment; also because it violated the state constitution. the trial judge held the chapter unconstitutional "both as impairing the obligation of contract, and as class legislation of an arbitrary and illegal character." final decree ordered the sale of the mortgaged property and designated a trustee to make it ..... additions, including that which suspended the summary remedy. p. 293 u. s. 237 . 4. therefore, the amendatory act did not impair the obligation of the contract. p. 293 u. s. 237 . 167 md. 383, 173 atl. 903, reversed. page 293 u. s. 233 certiorari to review the affirmance of ..... effect of the alleged agreement and whether this has been impaired. p. 293 u. s. 236 . 3. the assent in the mortgage contract embraced not only the statutory provisions therein designated and such amendments or additions as might have been made prior to the execution of the mortgage ( .....

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Jan 08 1934 (FN)

Missouri Pacific R. Co. Vs. Hartley Brothers

Court : US Supreme Court

Decided on : Jan-08-1934

..... cover such cases, the section would conflict with the proviso of the first cummins amendment. affirmed. [ footnote 1 ] prescribed by domestic bill of lading and live stock contract, 64 i.c.c. 357, october 21, 1921, before our decision, april 13, 1925, in barrett v. van pelt, 268 u. s. 85 . see ..... interstate freight and their liability for loss or damage, declares, "that it shall be unlawful for any such common carrier to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days, for the filing of claims than four months, and for ..... in handling the cars in which the shipments moved over its line. the answer denied negligence and alleged that plaintiffs had not complied with the quoted contract provisions. the jury returned a verdict for plaintiffs, and the trial court gave them page 290 u. s. 578 judgment thereon. the supreme court ..... delivering carrier of any visible or manifest injury to the livestock." plaintiffs did not sue until after the expiration of the time specified in the contract for notice or filing of claim, and they did not, before suit, give notice of or make any claim against defendant or any of ..... defendant and the other loads to connecting carriers that delivered them to defendant. it hauled all from little rock to destination. the shipments moved under uniform livestock contracts [ footnote 1 ] issued by the initial carriers. they contain the following clauses: "section 2. (c) claims for loss, damage, or injury to .....

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Jan 04 1934 (PC)

Duli Chand Vs. Jwala Prasad and Sons

Court : Allahabad

Decided on : Jan-04-1934

Reported in : AIR1934All568

..... the possession of the railway company as common carriers and it would be the railway company who would be the bailee and not the bank. a reference to section 172, contract act, will not help the applicant in revision. that section deals with a pledge and a pawnor and a pawnee; but these words also imply the bailment of goods as ..... did not clear the goods or take possession of them. the bank has now sued on the loan and the defendant claims that there was a bailment under section 151, contract act, and that the bank had failed to take the necessary care of the goods and that defendant was entitled to a set off for loss that occurred to defendant ..... the learned counsel for the defendant is that a bailment arose when the bank received the railway receipt. under section 148, contract act, a bailment is the delivery of goods by one person to another for some purpose upon a contract that they shall when the purpose is accomplished be returned or otherwise disposed of according to the directions of the person .....

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Oct 25 1934 (PC)

Athimannil Muhammad Vs. the Malabar District Board

Court : Chennai

Decided on : Oct-25-1934

Reported in : AIR1935Mad213; 155Ind.Cas.291; (1935)68MLJ125

..... v. veeraperumal padayachi (1914) 28 m.l.j. 147 and bradford corporation v. myers (1916) a.c. 242. this distinction between actions on contracts and actions independent of contracts may be convenient enough as a working rule, but we do not think it can be said to represent accurately the basis of the applicability of the ..... behalf of the appellant, mr. narayanaswami aiyar has contended that several cases have held that this provision does not apply to cases arising out of breach of contract but is limited to liabilities arising out of the execution of or the omission to execute statutory duties of such bodies. reference may, in this connection, be ..... this suit, claiming damages from the district board of south malabar, on the ground that by order, dated 31st of march, 1925, the president improperly cancelled a contract with the plaintiff whereby the plaintiff had been given the lease, for one year, of the tolls in certain places in the malabar district. the material facts are, ..... padayachi (1914) 28 m.l.j. 147. mr. justice napier takes care to point out that, in the case then before the court, the contract was not of such a character as must necessarily arise out of statutory powers given to the local body. the same cannot be said of the ..... contract here. in bhagchand dagdusa v. secretary of state for india (1927) l.r. 54 indap 338; i.l.r. 51 bom. 725 : 53 m. .....

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