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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1938 Page 1 of about 180 results (0.067 seconds)

Feb 17 1938 (PC)

Tilak Ram and ors. Vs. Surat Singh and ors.

Court : Allahabad

Decided on : Feb-17-1938

Reported in : AIR1938All297

..... vendee to pay off a mortgage debt, as i consider the present sale deed implies, is or is there not an implied contract of indemnity, and if there is a contract of indemnity does the case therefore come for the purpose of limitation under article 83, limitation act, when the plaintiff is actually damnified by ..... 1909) 31 all. 583 at page 589;if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a contract of indemnity.18. in the present case as stated above, the vendee had covenanted with the vendor to pay the encumbrance on the property to the extent ..... i am of the opinion that under article 83 the plaintiffs, have three years from the time when they were damnified, and as such a contract of indemnity was contained in a sale deed in writing registered, the time is extended to six years.16. i have no doubt that several causes of ..... of the money that was left with him. the present contract therefore is one of indemnity and the appellants are liable to indemnify the vendor against the loss sustained by the vendor by their default. the cause of action ..... the appellants that there was no express clause of indemnity in the contract, so the contract could not be regarded as one of indemnity. in order to make a contract of indemnity, it is not necessary that there should always be an express clause of indemnity. a contract of indemnity may be express or implied. as observed by their .....

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Sep 21 1938 (PC)

L. Venkatakrishna Naidu, Receiver Vs. R. Narayanaswami Aiyar and Five ...

Court : Chennai

Decided on : Sep-21-1938

Reported in : AIR1939Mad172; (1938)2MLJ886

..... he had authority to sell whereas in fact he had not. but i am unable to see, if there is a contract of indemnity either express or implied given by a vendor to his vendee, why such a right of indemnity would not fall within the terms of the rule. i am not able to find any reported decision where the test formulated ..... to indemnity is here given in terms by the sale deed in favour of the ..... rule, when it deals with claims to indemnity, means claims to indemnity as such either at law or in equity. in nine cases out of ten a right to indemnity, if it exists at all as such, must be created either by express contract or by implied contract; by express contract if it is given in terms by the contract between the two parties.6. the right ..... 1st defendant. prima facie, therefore, there is a right to indemnity against rajarama sastri. but it is contended that .....

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May 23 1938 (FN)

Aetna Ins. Co. Vs. United Fruit Co.

Court : US Supreme Court

Decided on : May-23-1938

..... in the effect of the valuation clause, in fixing the liability of the insurer, do not alter the character of the valued policy as a contract of indemnity, or afford any basis for alteration of his rights as an indemnitor. whether, upon a valued or an open policy, he is entitled to ..... to exclude proof of actual value when relevant. p. 304 u. s. 435 . 3. the valued policy, like an open policy, is a contract of indemnity; in either case the indemnitor is entitled to share in the insured's recovery of damages for loss of the ship only by page 304 u. s ..... the litigation. petitioners submit no interest computations, and have otherwise made no effort to sustain the burden of proving that respondent has received more than indemnity for the delay in payment of as much of the loss as was not covered by insurance. since the expenses have been apportioned by charging the ..... as a co-insurer of the hull in event of total loss. petitioners make no contention that respondent, if so regarded, has received more than appropriate indemnity after the distribution of the proceeds of the collision suit. the total insurance received by respondent from the insurers in 1918 and 1919, aggregating $886, ..... for would require a radical departure from the principle on which subrogation is founded. consistently applied, it would in some cases deprive the insured of indemnity, and indeed might enable the insurer to make a profit by recovering more from the insured than the amounts paid on the policy. we are unable .....

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Mar 11 1938 (PC)

T.R. Pratt (Bombay) Limited Vs. M.T. Limited

Court : Mumbai

Decided on : Mar-11-1938

Reported in : (1938)40BOMLR1109

..... the directors or any of them may vote on any contract of indemnity against any loss which they or any one or more of them may suffer by reason of becoming or being sureties or surety for the company, (2 ..... and august 11, 1931, are voidable by the official liquidator. they are not of opinion that section 91b would operate to deprive of the benefit of his contract with the company a third party who had no notice of the defect in the directors' authority. this would be contrary to principle : such a person ..... cannot depend upon the extent of the adverse interest of the fiducjary agent any more than upon how far in any particular case the terms of a contract have been the best obtainable for the interest of the cestui que trust, upon which subject no inquiry is permitted.13. subject to the question ..... shall not apply to a private company.12. their lordships are of opinion that the indentures of february 28, 1928, and august 11, 1931, embody a contract or arrangement in which each director of pratts was concerned or interested within the meaning of the section by reason of his being a director and shareholder in ..... 1914 and at the time of the transactions now in question it read as follows :-91b. (j) no director shall, as a director, vote on any contract or arrangement in which he is either directly or indirectly concerned or interested,; and if he does so vote, his vote shall not be counted : provided that .....

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Mar 11 1938 (PC)

T.R. Pratt (Bombay) Ltd. Vs. M.T. Ltd.

Court : Privy Council

Decided on : Mar-11-1938

..... the directors or any of them may vote on any contract of indemnity against any loss which they or any one or more of them may suffer by reason of becoming or being sureties or surety for the company. (2 ..... august 1931, are voidable by the official liquidator. they are not of opinion that s. 91-b would operate to deprive of the benefit of his contract with the company a third party who had no notice of the defect in the directors' authority. this would be contrary to principle: such a person would ..... cannot depend upon the extent of the adverse interest of the fiduciary agent any more than upon how far in any particular case the terms of a contract have been the best obtainable for the interest of the cestui que trust, upon which subject no enquiry is permitted. subject to the question whether the ..... this section shall not apply to a private company. their lordships are of opinion that the indentures of 28th february 1928 and 11th august 1931 embody a contract or arrangement in which each director of pratts was concerned or interested within the meaning of the section by reason of his being a director and share-holder ..... and at the time of the transactions now in question it read as follows : 91-b. (1) no director shall, as a director, vote on any contract or arrangement in which he is either directly or indirectly concerned or interested; and if he does so vote, his vote shall not be counted : provided that .....

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Mar 17 1938 (PC)

Parvatibai Harivallabhdas Vani Vs. Vinayak Balvant Jangam

Court : Mumbai

Decided on : Mar-17-1938

Reported in : AIR1939Bom23; (1938)40BOMLR989

..... judge have no application to the facts of the present case.6. chapter viii of the indian contract act deals with ' indemnity and guarantee.' section 126 is a defining section which says:-' a ' contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... and not by a composition, and on that ground the sureties were held to be discharged.12. as has frequently been pointed out, the indian contract act is not exhaustive. the general principles underlying the law of suretyship (and in particular the principle that the rights of a surety are not to ..... v. isack mackadan i.l.r. (1919) mad. 272. where sesha-giri ayyar j. says at page 277 :-. section 135 of the indian contract act contemplates contractual obligation between the parties. under the code of civil procedure the bond is given to the court and any infringement of the terms of the ..... thereby impaired, the surety is discharged.'7. it has been held in madanlal v. radhakisan air [1935] nag. 258 that these provisions of the indian contract act have no application to a surety bond taken by the court. the material portion of the judgment is at p. 263 :-the contention that the ..... a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety, unless the surety assents to such contract.' reference was also made in the course of argument to section 139 which provides as follows : 'if the creditor does any act which is inconsistent with .....

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Mar 02 1938 (PC)

The Secretary of State Vs. the Bank of India Limited.

Court : Mumbai

Decided on : Mar-02-1938

Reported in : (1938)40BOMLR868

..... of acting upon the request. but in the words adopted by lord halsbury it is merely said that the person is entitled to an indemnity. the fiction of a contract implied by law addsnothing, though it may seem to justify the court in holding as a matter of law that the party is ..... use, and to be facilitated, not obstructed. on the construction which their lordships think is, merely as a matter of construction, correct, the common law indemnity would be operative in the cases, presumably rare on the average, where it turns out eventually to be wanted because of some concealed fraud. on the ..... s request not under compulsion but of choice. that does not, however, deprive him of the right, if the circumstances are appropriate, to the implied indemnity, though no doubt he may waive the right. similarly, where the duty is statutory and must be performed if the statutory conditions are fulfilled, the fact ..... some degree of deliberation and judgment. thus in the sheffield case, which dealt with the requesting of transfers of stock in the corporation's register, the indemnity was implied though section 30(1) of the sheffield corporation act, 1883, provided that ' the corporation or the registrar before allow-ing any transfer of ..... entitled to the indemnity on the basis that the assertion by the applicant of his request is the offer of a promise to indemnify if .....

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May 02 1938 (PC)

Secretary of State Vs. Bank of India Ltd.

Court : Privy Council

Decided on : May-02-1938

..... acting upon the request. but, in the words adopted by lord halsbury, it is merely said that the person is entitled to an indemnity. the fiction of a contract implied by law adds nothing, though it may seem to justify the court in holding as a matter of law that the party is ..... use and to be facilitated, not obstructed. on the construction which their lordships think is, merely as a matter of construction correct, the common law indemnity would be operative in the cases, presumably rare on the average, where it turns out eventually to be wanted because of some concealed fraud. on the ..... and is a condition to be fulfilled by the applicant. these matters clearly, in their lordships' judgment, constitute a request, from which the common law indemnity may properly be prima facie implied, nonetheless because some deliberation may be involved on the part of the officer before he submits to be satisfied by what ..... degree of deliberation and judgment. thus in (1905) ac 392,1 which dealt with the requesting of transfers of stock in the corporation's register, the indemnity was implied though s.30 (1) of the sheffield corporation act of 1883 provided that: the corporation or the registrar before allowing any transfer of stock ..... entitled to the indemnity on the basis that the assertion by the applicant of his request is the offer of a promise to indemnify if .....

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Feb 14 1938 (FN)

New York Life Ins. Co Vs. Gamer

Court : US Supreme Court

Decided on : Feb-14-1938

..... the charges to which it referred. it falls far short of sustaining the instructions challenged in the present case. under the contract in the case now before us, double indemnity is payable only on proof of death by accident as there defined. the burden was on plaintiff to allege, and by ..... bodily injury effected solely through external, violent, and accidental means. . . . double indemnity shall not be payable if the insured's death resulted from self-destruction, whether sane or insane." respondent sued petitioner in a state court for $20 ..... cause, or $20,000 in case of death resulting from accident as defined by a provision the pertinent parts of which follow: "the double indemnity . . . shall be payable upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from ..... , from bodily injury effected solely through external, violent, and accidental means, but that double indemnity should not be payable if the death resulted from self-destruction. the insured died of a rifle shot. in an action on the policy ..... 1938 303 u.s. 161 certiorari to the circuit court of appeals for the ninth circuit syllabus a life insurance company stipulated to pay double indemnity (twice the face of the policy) upon receipt of due proof that death of the insured resulted, directly and independently of all other causes .....

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Sep 14 1938 (PC)

Kathoom Bi Vs. Abdul Wahab Sahib and ors.

Court : Chennai

Decided on : Sep-14-1938

Reported in : AIR1939Mad313; (1939)2MLJ208

..... 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.7. it is not necessary to review the indian authorities which are in line with the english authorities, but in the course .....

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