Court : Chennai
Decided on : Jan-30-1936
Reported in : AIR1936Mad528
..... test which is clearly deducible from the cases is to find out whether the covenant entered into by the vendee was a pure contract of indemnity. if it is a contract of indemnity pure and simple, the vendor will not be entitled to claim any money as the balance of the purchase money still remaining with ..... against certain claims, and not to have certain sums of money belonging to him paid to another.9. therefore in this case it is not a contract of indemnity pure and simple and vedathammal and her representatives-are entitled to demand the money in the events which have happened. it is contended by mr. bhashyam ..... damages for non-fulfilment of the contract of indemnity. the following observations in raghunatha chariar v. sadagopa chariar(1913) 36 mad 348, with reference to the case in izzabtun-nisa begam v. kunwar pertab ..... on rs. 850 retained for being received after the complete disposal of each of the court proceedings as aforesaid.8. if it is a pure contract of indemnity, no question of the return of the money will ever be contemplated, and the only right which the vendor will have is a right to ..... the vendee and as being payable to him. but if it is not a contract of pure indemnity, he may have to pay the purchase money in accordance with the directions of the vendor, and the vendor would be entitled to receive the .....Tag this Judgment!
Court : Chennai
Decided on : May-01-1936
Reported in : AIR1936Mad789; 166Ind.Cas.427
..... future loss or damages occasioned by the release of the groundnuts without the production of the railway receipts. the bond was clearly a contract of indemnity; and although the claim against the insolvents was not at that time ascertained, there was still that claim and it was ascertainable, and after ..... -2-6 and in favour of the port trust against the official assignee and pyda rangiah chetty for the same amount by reason of the indemnity bond, the port trust having claimed to be indemnified by the insolvents and pyda rangiah chetty against the damages which under the decree it had ..... insolvents by the port trust without production of the railway receipts and instead the port trust took from the insolvents and one pyda rangiah chetty an indemnity bond of that date in their favour. the insolvents took advantage of this procedure to commit a fraud. they pledged the railway receipts relating ..... railway receipts but under section 57 of the indian railways act the port trust can hand over the goods to the consignee after taking an indemnity bond. at that time the insolvents used to pledge the railway receipts as security for advances made to them by some of the madras banks ..... that:demands in the nature of unliquidated damages arising otherwise than by reason of a contract or breach of trust shall not be provable in insolvency.5. at the date of the adjudication the port trust held the indemnity secured from the insolvents and pyda rangiah chetty before the insolvency in respect of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-1936
Reported in : AIR1937Bom483; (1937)39BOMLR795
..... as you may receive.22. assuming so far as the mortgagors are concerned that the mortgagee could not contract out of his statutory liability by virtue of that clause, that clause would govern the contract of indemnity. its existence was present to the mind of the surety when the deed was executed. therefore, ..... as the one urged. it is necessary in the consideration of the argument to refer to the precise terms of the mortgage-deed containing the indemnity bond to protect the interests of the mortgagee. after the description of the property the deed recites the mortgagee's undertaking to apply the income ..... mortgagee made strictly accountable on the principle of wilful default. the learned counsel went to the length of saying that there was variance of the contract without the surety's consent which ipso facto discharged the latter. there is no plea of discharge in the written defence and no issue directed ..... the mortgagee's rights are affected by this conduct, and that will depend first upon the construction of the instrument itself. if this is a binding contract, binding between him and the mortgagors, binding him to apply the rents and profits to the payment of the debt, he might be considered as ..... prima facie the plaintiff, when he took the rent-notes from his tenants, technically rendered himself liable to account for the rents which he had contracted to receive and it cannot be denied that the law required him to be diligent in realizing the rents from them in order that the burden .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-11-1936
Reported in : AIR1936Bom344; (1936)38BOMLR610; 165Ind.Cas.338
..... defendant no. 2 and merged it in the judgment, there was nothing left which defendant no. 1 could be called upon to pay under his contract of indemnity with defenlant no. 2. it seems to me that the claim (if any) which the plaintiff had against defendant no. 1 and defendant no, ..... , however, it may be pointed out, are criticised by the learned authors, pollock and mulla, in. their commentary to section 43 of the indian contract act, and on this question they observe as follows (6th edn., p. 295):-we think it the better opinion that the enactment should be carried out ..... liabilities so far as the calcutta business is concerned from march 1, 1934, and so far as bombay business is concerned from april 1, 1934, contracts and engagements of the vendor including costs, charges, expenses, etc., incidental and in relation to the said business and shall indemnify him against all proceedings, ..... was a beneficiary under that trust, and was therefore entitled to maintain the suit against the appellants, although he was not a party to the contract between the appellants and defendant no. 2.8. sir jamshed kanga on behalf of the appellants has taken three points. the first is that under ..... . 1, undertook to pay, satisfy and discharge and fulfil all debts and liabilities, so far as the bombay business was concerned, from april 1, 1934, contracts and engagements with defendant no. 2, and to indemnify him against all proceedings, claims and demands in respect thereof. on june 21, 1934, the plaintiff gave .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-27-1936
Reported in : AIR1936All870; 166Ind.Cas.908
..... be entitled to enforce the covenant and bring a suit for specific performance of the contract by the vendee; (3) where there is an express contract to pay the amount and there is an express or implied contract of indemnity, then under section 125, contract act, the promisee is entitled to recover all damages, costs etc., which he ..... from the date when the last breach occurred or, in the case of a continuing breach, when it ceased. but where the claim is upon a contract to indemnify, then time would begin to run from the date when the plaintiff is actually damnified. it is therefore impossible to say that time would ..... the vendor or to the person named by him or to the prior encumbrance where the property is sold free from encumbrances. there being nothing in the contract to the contrary, the personal liability to pay the amount must be implied. in addition to this liability the vendor of course has the statutory charge ..... 787, in kallu v. ram das 1929 26 alj 53 the question of the applicability of article 83, lim. act, which applies to suits upon a contract to indemnify in which time begins to run when the plaintiff is actually damnified, was not at all considered.2. the true basis of the liability of ..... was to pay it off immediately, or if not immediately at any rate, as soon as it was reasonably possible, and that accordingly he broke his contract on or about 12th november 1919, with the result that the claim for a personal remedy is barred under article 116, lim. act. no doubt this .....Tag this Judgment!
Court : Chennai
Decided on : Mar-02-1936
Reported in : AIR1937Mad1
..... cannot be known if, when the entire accounts of the transactions of the guardian are taken into consideration, the guardian will be entitled to a right of indemnity or not. in the result i allow the appeal and reverse the decree of the subordinate judge and dismiss the suit against defendant 3 with costs. memorandum ..... to enforce a debt. all that the creditor will be entitled to will be a declaration that he should be subrogated to the guardian's right of indemnity leaving the creditor to work out his rights against the estate of the minor in an appropriate action. any how in this case no foundation is ..... before such a decree can be given facts must be established and foundation must be laid for such a decree. the nature and extent of the right of indemnity is thus stated by jessel, m.e. in in re johnson shearman v. robinson (1880) 15 ch d 548:with regard to the point that has ..... advanced is that as between the minor and the guardian, the guardian would be certainly entitled to be reimbursed, and therefore the guardian would be entitled to indemnity from the minor's estate, and in such circumstances the creditor can be subrogated to his right and can have direct recourse against the estate of the ..... his place against the assets, that is i have a right to the benefit of indemnity or lien which he has against the assets devoted to the purposes of the trade.' the first right is his general right by a contract, because he trusted the trustee or executor; he has a personal right to sue him .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-30-1936
Reported in : AIR1937Cal297
..... that case. in point of fact the learned chief justice based his decision upon the ground that the plaintiff was in substance seeking to enforce a wagering contract. in this case it seems to me that legally the ticket is of no importance. mr. chatterjee, in the beginning, was disposed to argue ..... 'through' members, i assume that the sweepstake is confined to members of the turf club, i. e., that the only parties to the contract, valid or otherwise, are the members who apply for the tickets. in practice the circle is very much wider, because these members take tickets 'for' outsiders. ..... the turf club or its members, and b, mr. 'wright.9. for the purpose of deciding this case it is not necessary to determine whether privity of contract was established between a, a. a, and c or d, through b. but in point of fact, from the circumstance that tickets have to be taken ..... cal 445 an indian decision of this class, (3) contract of agency between b and c, b having made the contract of wager with a in the capacity of agent for c with the implied contract which follows from such a relationship, for instance, right to indemnity and liability to make over proceeds. notwithstanding the act of ..... 1845, it was held as regards the 3rd class not only that b as agent is entitled to his indemnity, but that he is also bound .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-03-1936
..... unfinished structure for less than the loan, and take a deficiency judgment, it was error to limit recovery on the indemnity bond to the cost of completing the building in accordance with the contract; in the estimation of damages, there should be considered also the rents that might have been impounded in the foreclosure ..... affirmed. certiorari, 296 u.s. 566, to review a judgment reversing one recovered in the district court, 7 f.supp. 392, in an action on an indemnity bond. page 297 u. s. 203 mr. justice cardozo, delivered the opinion of the court. we are to determine the measure of damages upon a bond ..... conditioned against loss through the failure to complete a building at the time and in the manner called for by the building contract. page 297 u. s. 204 in september, 1929, petitioner, the prudence company, inc., undertook to make a mortgage loan of $6,650,000 in ..... s. 206 . 3. the difference between the value of the unfinished building at the foreclosure sale and the value it would have had if completed as per contract may be considered as made up of two elements, the cost of completion and the carrying charges meanwhile. these may page 297 u. s. 199 be proved ..... on a bond indemnifying him from loss due to the failure of the borrower to complete the building in time and manner as specified in the loan contract, the measure of damages should be such as will place the lender in the same position as if the building had been completed as stipulated. p. .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-14-1936
Reported in : AIR1937All321
..... so interested, the advantage so gained, but subject to re-payment 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.12. in the case before us the mortgagees in possession ejected tenants from the plots in question during the continuance of their mortgage .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-10-1936
Reported in : AIR1937Bom145; (1936)38BOMLR1205
..... was complied with. subsequently the corporation had to make good the loss to the proper holders of the stock, and they sued barclays on their implied indemnity. both lord halsbury and lord davey, who gave the only two reasoned judgments, point out that in registering the transfer the sheffield corporation were performing a ..... renewed, converted, consolidated or sub-divided.it seems to me clear from that section that when a new note is issued, it constitutes a fresh contract between government and the person to whom it is issued, and is free from any infirmities of the old note. the only other section, which ..... issued upon conversion, consolidation or sub-division under section 15, in favour of any person, the note so issued shall be deemed to constitute a new contract between the government and such person and all persons deriving title thereafter through him. (2) no such renewal, conversion, consolidation or sub-division shall affect ..... have been forged, and it was to get over that difficulty that provision for renewal of the note and the giving of a fresh and clean contract to the holder was made.8. the material sections for the purposes of this case are, first of all, section 12, which provides that- ..... but is, in fact, illegal and a breach of the duty, and thereby incurs liability to third parties, there is implied by law a contract by the person making the request to keep indemnified the person having the duty against any liability which may result from such exercise of the supposed .....Tag this Judgment!