Court : Chennai
Decided on : Nov-05-1943
Reported in : AIR1944Mad457
..... who was not a party thereto. it is settled law that a judgment obtained after bona fide contest against the party indemnified in respect of the matter to which a contract of indemnity applies is conclusive against the indemnifier although the latter was no party to it, not because such judgment binds him as res judicata, but because the claim against which ..... refer to many of them as we think that the position as regards the rights of a promisee in a contract of indemnity is fairly well settled. it is, of course, material in such cases to consider the terms of the particular contract but, subject to such variations as might arise from any special terms the position generally speaking seems to be this ..... : the promisee is entitled not only to recover from the indemnifier what he has been required to pay to the creditor to whose demand or claim the indemnity relates, but he is also entitled ..... section 125(1), contract act, is based. it was, however, urged that a compromise stood on a different footing, and that, unless notice had been given to the indemnifier calling upon him to satisfy or contest the claim and he failed or refused to do so, he was not precluded from showing, in a suit to enforce the indemnity, that the claim .....Tag this Judgment!
Court : Chennai
Decided on : Sep-17-1943
Reported in : AIR1944Mad211; (1943)2MLJ645
..... or did not take any part in the transaction out of which the contract of indemnity arose, there can be no such duty when the indemnifier or his representative was present in person when the transaction took place and raised no ..... doubtful whether a person to be indemnified against any contingency is under any obligation or duty to see that the document out of which the contract of indemnity arises is executed or registered in such a way as to render it unassailable; but whatever may be his duty when the indemnifier could not ..... to the minor, it says nothing about costs. liability to pay costs arises however out of section 125 of the contract act and is therefore an implied term of all contracts of indemnity.7. the main ground of attack by defendants 1 to 3 against the judgment of the lower court is that ..... argued that any possession that the plaintiff could give after the decree was passed would not be 'effective' possession and that what was contemplated in the indemnity bond was 'effective' possession. the father of defendants 1 to 3 could not however in any event have had effective possession if there was any ..... -requisite of the liability of the maharajah of venkatagiri to refund the purchase money, but the learned subordinate judge seems to read more into the indemnity bond than we are able to find. he says:the surrender of possession to the maharajah contemplated by the parties, as almost a condition precedent .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-1943
Reported in : AIR1944Bom187; (1944)46BOMLR345
..... incurred in addition between himself and his own attorney, were necessarily incurred. this being so, it would be unjust, and we should not give its full effect to the contract of indemnity entered into with him by the defendant if we were to deprive him of these extra costs.in simpson and miller v. british industries trust, limited-polikoff third party (1923 ..... ) mad. 898 and there a division bench consisting of sir john wallis, chief justice, and mr. justice seshagiri ayyar took the same view of the nature and extent of the contract of indemnity, and they expressed as their opinion that unless the defendant got attorney and client costs from the third party there would really be no ..... great respect to the learned judge it is a little difficult to understand his decision because on the facts it seems that the indemnity given by the third parties, messrs. blackwell and co., was very wide. by a contract with the corporation of leeds the defendants undertook to carry out the necessary work for applying electric power to the tramways belonging to ..... costs of the action. there is no reason why the fullest effect should not be given to the contract of indemnity between the defendant and the third party, and i do not think that such full effect would be given to that contract of indemnity if the defendant is deprived of those extra costs which he would have to pay to his solicitor which .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-18-1943
..... , his only shield is a constitutional rule of law that exonerates him." furthermore, if the united states were to become the real party in interest by reason of a contract for exoneration or indemnity, a basic alteration in that concept ( minnesota v. hitchcock, 185 u. s. 373 , 185 u. s. 387 ) would be made not pursuant to a congressional policy, [ footnote 4 ..... would be a matter of favor, not of right, in many cases. for, apart from any express contract, the agent's right of exoneration or indemnity has not been thought to extend to situations where his liability was based on his own fault. 4 williston, contracts (1936 ed.) 1026. hence, we cannot conclude that in all cases where a private operator of a ..... a vessel owned by the united states maritime commission, and which the corporation operates under a contract made pursuant to 707(c) of the merchant marine act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the commission. fleet corporation v. lustgarten, 280 u. s. 320 , overruled pro tanto. pp. 317 ..... ] but by reason of concessions made by contracting officers of the government. such a change would be detrimental to the interests of private claimants, as we have said, since it would subtract from the legal remedies which the law has afforded them. beyond that, it would make the existence of a right to exoneration or indemnity a jurisdictional fact. that could hardly .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-02-1943
Reported in : AIR1943Cal588
..... if so, whether the provisions of the law would nullify the indemnity so given, were left open. it was also pointed out that in this connexion the terms of section 37, contract act, would have to be considered. the effect of this section has indeed been considered by the ..... pay, to which the provisions of section 68(1)(a), t.p. act, might be applicable. the question whether the indemnity given in the bond really purported to give relief against loss occasioned by acts done under express provisions of law (such as those in section 26g), and, ..... the covenant considered by rau j. was taken. it was considered that the term was one outside the mortgage altogehter, being in the nature of an indemnity, and it was held that section 26g as it stood before amendment in 1940 would not cover the case of a mortgage with a personal covenant to ..... 4 of 1938), the provisions of which have some resemblance to those of section 26g, ben. ten. act. it is there pointed out that section 87, contract act, has, like sections 4 and 9, civil p.c. a self-effacing provision which makes it difficult to see how a law which excuses performance of ..... the provisions of the impugned section were covered by item 21 of the provincial list ii, 'transfer of agricultural land,' being excluded so far as any 'contract relating to agricultural land' is concerned from item 10 of the concurrent list in, and were also covered by item 27 of the provincial list ii 'money .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-01-1943
..... these. [ footnote 6 ] reciprocals' subscribers page 318 u. s. 320 in every state must execute their powers of attorney in accordance with specified forms and a standard form of contract must be used by all subscribers wherever they are located. certain forms of accounting are also required. advisory committees of the subscribers themselves, rather than appointed attorneys in fact must ..... the cause and extent of losses, and, on such trips, the engineer may give information concerning the enterprise to prospective participants, although he does not actively solicit business. the contracts reserved the right of the reciprocals to go into new york to repair, rebuild, or replace lost or damaged property. cf. pennsylvania lumbermen's mutual fire insurance co. v. ..... in that state. article 12, applicable to reciprocal insurance associations, defines them as aggregations of persons, firms, or corporations who under, a common name, engage in the business of exchanging contracts of insurance on the reciprocal plan through an attorney in fact. [ footnote 1 ] page 318 u. s. 315 the issue in this case is whether the appellants, reciprocal insurance ..... surely the object of all this activity is not the signing of a contract or a check, but the protection of property and payment of indemnity in case of loss by fire. these business transactions neither begin nor end with the contract. the intimacy of the relation of these insurance contracts to the state of new york becomes even more apparent when it is .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-19-1943
..... the period of their service. [ footnote 6 ] in the united states, this obligation has been recognized consistently as an implied provision in contracts of marine employment. [ footnote 7 ] created thus with the contract of employment, the liability, unlike that for indemnity or that later created by the jones act, [ footnote 8 ] in no sense is predicated on the fault or negligence of the ..... ware 1, and see cases cited supra, note 10 [ footnote 23 ] at the argument, it was suggested that a reason which might sustain the imposition of liability for sickness innocently contracted on shore leave, but not for injuries so incurred, would be the difficulty of proving origin ashore. the difficulty undoubtedly would exist in some cases, but hardly in all. no ..... ] see, e.g., laws of oleron, articles vi, vii; laws of wisbuy, articles xviii, xix; laws of the hanse towns, articles xxxix, xlv; marine ordinances of louis xiv, of marine contracts, title fourth, articles xi, xii, compiled in 30 fed.cas. 1171-1216; cf. harden v. gordon, supra. the laws of oleron are typical of the provision for injuries: "if any ..... voyage creates not only the need for relaxation ashore, but the necessity that it be satisfied in distant and unfamiliar ports. if, in those surroundings, the seaman, without disqualifying misconduct, contracts disease or incurs injury, it is because of the voyage, the shipowner's business. that business has separated him from his usual places of association. by adding this separation to .....Tag this Judgment!
Court : Chennai
Decided on : Oct-12-1943
Reported in : AIR1944Mad218; (1943)2MLJ584
..... rao, satyanarayanamurthi v. krishnamurthi : (1940)2mlj346 is not opposed to this view. that was a case where the mortgagors, after entering into a contract with the mortgagee for sale of some of the mortgaged lands in satisfaction of the debt, allowed such lands to be sold in execution of a ..... in the creditor's books were carried forward with interest from year to year even subsequent to the contract as subsisting and recoverable debts, and the debtor recited, in promissory notes executed for subsequent borrowings from the creditor, that the principal and interest ..... surrounding circumstances in the particular case.7. in the unreported decision cited by mr. satyanarayana rao it appeared, both from the terms of the contract which was reduced to writing and the subsequent conduct of the parties, that the debts were treated as still enforceable. the debits against the debtor ..... present and cannot therefore be accepted.5. now, it has been pointed out in krishnaswami rap v. srinivasa desikan : (1936)71mlj850 that a contract between a debtor and his creditor that the former should sell and that the latter should accept any property in satisfaction of the debt may ..... for the appellants, made no attempt--and in our opinion rightly--to challenge the finding of the court below as to the truth of the contract of sale and the delivery of possession in pursuance thereof. it is amply supported by the evidence oral and documentary and the probabilities of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-1943
Reported in : AIR1944Bom97; (1943)45BOMLR1059
..... make reasonable and adequate provision for lighting public streets, places and buildings, but this does not make it obligatory on the municipality to enter into a contract with a private electricity company for the lighting of the municipal area. it is at the option of the municipality, whether it will carry out the ..... provisions of the other municipal acts. it would be difficult to hold that a municipality or an officer of a municipality committing a breach of a contract entered into by the municipality does the act, or purports to do it, in pursuance of the provisions of the act. under the provisions of ..... clauses act. in dealing with the view which had been taken by the subordinate judge in that case that section 80 had no application to suits in contract their lordships said that this dictum was rightly repelled by the high court, and that having regard to the decision in bhagchand v. secretary of state ..... , and one has to see whether the act complained of was done pursuant to the direct requirements of the act, or was done under some contract which the corporation entered into under the powers conferred by the act but which it was not compelled to enter into.after examining the provisions of ..... that they are not claims 'for anything done or purporting to have been done in pursuance of the act.' claims for the specific performance of a contract to sell or lease land will not, therefore, fall within the section. where the claim of the municipality is based on a private right, the .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-1943
Reported in : AIR1944Mad410
..... in negotiation with the directors of the factory.8. that the failure to disclose in the prospectus the provision relating to the cancellation of the contract in. the event of failure to pay the instalments, and interest, and that the accused were in arrears with these payments were not purely ..... and to treat the profits and losses, etc., of the contractorship as the profits and losses of the investment trust. there was no privity of contract at all between the investment trust and travancore sugars ltd., and the sugars ltd., were entitled, as they did do, to ignore the investment trust ..... of material facts 'may render it fraudulent' and in(2) to have said that it is mot 'necessarily' enough for the prospectus to refer to contracts and put the intending shareholders upon (enquiry. otherwise, however, there is no fault to be found with the principles deduced. now the offence charged ..... - were in arrears to the travancore government in respect of the annual instalments and interest payable by them so that for this reason also the contract could be cancelled. it will be convenient here to consider the law relating to the charge of conspiracy. mr. braddel contends that the chief presidency ..... alleged to be (1) failure to reveal the true position of the concerns taken over by the trust, (2) failure to state explicitly that the contract entered into with the travancore sugars ltd., would be cancelled by the subletting or assignment of their interests without the consent of that company, and (3 .....Tag this Judgment!