Court : US Supreme Court
Decided on : Mar-05-1934
..... the name, controls. the insurer is not penalized for taking the controversy into court. it is penalized (if penalty there is) for refusing to make payment in accordance with its contract, and penalized in an amount that bears a reasonable proportion to the loss or inconvenience likely to be suffered by the creditor. repeated judgments of this court bear witness to ..... texas ( union cent. life ins. co. v. chowning, 86 tex. 654, 26 s.w. 982) that the 12 percent was given as damages for the failure to comply with the contract by payment, and the fee as compensation for the cost of collection. 185 u.s. at p. 185 u. s. 325 . during the half century and more in which the ..... an attorney's fee of $200 ($100 for the trial and $100 for the appeal). the other was an award of 12 percent computed on the payments due under the contract. these increments are authorized by a statute of arkansas which is quoted in the margin. [ footnote 1 ] the page 291 u. s. 569 insurer contests the validity of the statute ..... , at the delivery of the policy, the insurer was informed that, if it failed to make payment in accordance with its contract, "twelve percent damages" would be owing to the insured. we discover nothing arbitrary or oppressive in imposing such a contract upon the business of insurance, a business subject, as all agree, to control and regulation. hardware dealers mutual fire ins .....Tag this Judgment!
Court : Chennai
Decided on : Nov-05-1934
Reported in : (1935)68MLJ1
horace owen compton beasley, kt., c.j.1. before dealing with the first point to be considered by this full bench, i propose to set out some of the facts of this case.2. at 1.34 a.m. on the 13th january of this year the parcels express train which left the egmore station at madras, at 10-40 p.m. arrived at karunguzhi station on the south indian railway there it delivered six parcels. five of these were handed over to respective owners on production by them of the tickets relating to them at about 7 o'clock on the same morning. the sixth remained undelivered as no one claimed it. it is described by mr. t.s. narayanaswami aiyar (p.w. 28) the assistant station master at karunguzhi to whom all the parcels were delivered as a bed parcel packed in a date leaf mat. the receipt of this parcel and the others was acknowledged by this witness in ex. u. in order that parcels could be carried by that train as luggage it is necessary for the senders to have passenger tickets and the number of each passenger ticket is entered on luggage ticket form which gives the particulars of its respective parcel. ex. w, is the one which relates to the undelivered parcel. the passenger's ticket number therein is iii class no. 4901. the tickets relating to the other five parcels were duly collected on the night in question. passenger ticket no. 4901 was not collected that night and has never been collected, thus raising a very strong inference that the sender of this parcel did not travel by train at all .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-18-1934
Reported in : AIR1935Bom298; (1935)37BOMLR150; 157Ind.Cas.658
..... , secondly, as the act is intended merely to remove obstacles to the remarriage of hindu widows and not to prescribe the kind of remarriage the widow of a hindu may contract. section 1 of the act no doubt speaks of two hindus marrying ; it deals with the validity of the marriage and the legitimacy of the issue of such marriage. section .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-27-1934
Reported in : AIR1935All53; 155Ind.Cas.44
..... has a bill against a party for any amount in which the items are so connected together that it appears that the dealing is not intended to terminate with one contract, but to be continuous, so that one item, if not paid, shall be united with another and form one continuous demand, the whole together forms but one cause of action ..... , limitation act, does not apply to the present case.5. it was then contended that article 83 was applicable but that relates to a contract to indemnify and in the present case there was no such contract between the parties nor can article 115 apply, for the present suit cannot be said to be a suit for compensation for the breach of ..... any contract. it is a suit for the recovery of a certain sum of money due for articles supplied to the defendant. a lukewarm argument was. advanced before us to the effect .....Tag this Judgment!
Court : Chennai
Decided on : Aug-17-1934
Reported in : 153Ind.Cas.102
..... document. but adaikkalava was made the trustee and plaintiff the beneficiary under the terms of ex. h. in such a case the rule of law that third parties to a contract cannot take the benefit of the contract does not apply vide tirumulu subbu chetti v. arunachalam cheitiar : air1930mad382 exhibit h can scarcely be described as a bare ..... contract. it is a family settlement purporting to settle disputes and allot properties to the persons intended to be adopted. until the adoptions are made, the property was left in the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-16-1934
Reported in : AIR1934Cal571,150Ind.Cas.1019
..... nirod chandra v. hari har chakravarty air 1920 cal 594, sir ashutosh mookerjee, acting chief justice, fletcher, j., concurring observed that the use of the expression 'putni taluk' in the contract of tenancy does not necessarily create a putni taluk, in other words a taluk subject to the summary procedure for realization of rent provided by the putni regulation. in that .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1934
Reported in : AIR1934Cal693,152Ind.Cas.422
..... it is not a gift pure and simple, but a hibabilewaz as understood by the mahomedan law. it is in reality a sale, and has all the incidents of a contract of sale. the high court of calcutta has held that a transaction of this character is nothing but a sale; therefore where the property is immoveable and is of the ..... ., has rightly negatived this contention and we are in entire agreement with him. the marriage under the mahomedan law is a civil contract and is like a contract of sale. sale is a transfer of property for a price. in the contract of marriage the wife is the property and the dower is the price. there is, therefore, no substance in the second .....Tag this Judgment!
Court : Privy Council
Decided on : Feb-15-1934
..... the period from 1913, and it obviously relates to items and transactions which happened long before the period of three years, which is the appropriate period of limitation for simple contracts, or contracts for service under the indian limitation act. there was an argument put before the learned judges that this was an acknowledgment under the limitation act. the acknowledgment has to ..... without one of the most ordinary business facilities which has been common to everybody who carries on business under any system which incorporates any of the ordinary principles of english contract law. for these reasons, it appears to their lordships that the decision of the court of appeal was quite correct, though perhaps for different reasons from those which commended themselves ..... or not this was or was not an acknowledgment within the meaning of the act. then the matter was thought to be disposed of by the terms of s. 25, contract act. that section deals only with the question of promises made without consideration. the relevant part of that act provides that an agreement when made without consideration, is void unless ..... be an account stated, amounted to an implied promise to pay without consideration, and, having got that in mind, they then began to consider questions that arise under the indian contract act and the indian limitation act, which are applied to kenya by appropriate orders in council, which it is unnecessary to deal with here. the account itself goes back to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-03-1934
..... provision in the act of 1841, a factor does not act in a fiduciary capacity; the statute "speaks of technical trusts, and not those which the law implies from the contract." 2 how. at p. 43 u. s. 208 . the scope of the exception was to be limited accordingly. through the intervening years, that precept has been applied by this court ..... , as evidenced by . . . an instrument in writing." bankruptcy act 63a(1), 11 u.s.c. 103(a)(1). if its grievance was the sale, it might have proved "upon a contract express or implied," 63a(4), waiving the tort and standing upon the implied assumpsit. crawford v. burke, 195 u. s. 176 , 195 u. s. 193 ; tindle v. birkett, 205 u .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-21-1934
Reported in : AIR1934All569; 150Ind.Cas.942
..... transferred from that court, but the determination of the question of jurisdiction depends on the decision of the question whether or not the allegations contained in the plaint, that the contract between the parties was entered into at bareilly and it was agreed that accounts will be rendered at bareilly, are true. the agra court has admittedly jurisdiction to try the ..... application for the transfer of suit no. 570 that the forward contracts on behalf of the opposite-party were entered in agra, and the goods were ultimately sold at agra, and that all the witnesses who would be examined in the case ..... 1933) in the court of the munsif of agra, for recovery of a sum of rs. 4,230, on account of alleged losses incurred by the applicant in the forward contracts of the purchase and sale of yarn entered into by the applicant on behalf of the opposite party.2. it is alleged in the affidavit filed in support of the ..... no. 570 has been filed by the opposite-party against the applicant for rendition of accounts and for certain other reliefs. in the plaint the opposite party alleged that the contract for the purchase and sale of yarn between the parties was entered into at bareilly, and it was agreed between the parties that the accounting would be done at bareilly .....Tag this Judgment!