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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1944 Page 1 of about 114 results (0.055 seconds)

Sep 12 1944 (PC)

T.A. Janakumara Nainar Vs. T.S. Samanthabadra Nainar

Court : Chennai

Decided on : Sep-12-1944

Reported in : AIR1945Mad98

..... if it had stood alone, we are satisfied that the document read as a whole and with the covenants in the assignment deeds is clearly a contract of indemnity and must receive effect accordingly. in the result a.s. no. 95 of 1943 is allowed and the plaintiff will have a decree as ..... now raised was not argued in that case. the question next arises as to what sum the defendant is liable to pay under the covenant for indemnity. we are unable to agree with the learned district judge's conclusion on this point. the learned judge assumed that the loss to the plaintiff arose ..... of 1943 claiming the balance of the amount sued for, and the defendant has preferred app. no. 108 of 1943 contending that the covenant for indemnity does not cover losses due to the new act.4. it is obvious that the two assignment deeds and the so called receipt are parts of ..... arises i shall make good (the loss)' the defendant also executed on 5th july 1930 so called 'receipt' which was really in the nature of an indemnity bond. in this document, after reciting the settlement of account between the parties and the assignment of the promissory notes and mortgages in full satisfaction of ..... of the debts assigned to the plaintiff, the debtors being agriculturists, the indemnity ceased to be operative. there is no warrant either in principle or in precedent, for the broad proposition contended for by the learned counsel. no doubt contracts absolute in their terms have sometimes been construed as subject to implied conditions .....

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Jun 05 1944 (FN)

United States Vs. South-eastern Underwriters

Court : US Supreme Court

Decided on : Jun-05-1944

..... . [ footnote 9 ] the modern insurance business holds a commanding position in the trade and commerce of our nation. built page 322 u. s. 540 upon the sale of contracts of indemnity, it has become one of the largest and most important branches of commerce. [ footnote 10 ] its total assets exceed $37,000,000,000, or the approximate equivalent of ..... of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... interstate commerce because in some instances the commodities insured move across state lines, or because interstate communication and transportation are in some instances incidental to the business of issuing insurance contracts. this is so both because, as we have said, we are bound by the district court's construction of the indictment, and, more importantly, because such effects on ..... intercourse among the states composed of collections of premiums, payments of policy obligations, and the countless documents and communications which are essential to the negotiation and execution of policy contracts. individual policyholders living in many different states who own policies in a single company have their separate interests blended in one assembled fund of assets upon which all are .....

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Jan 26 1944 (PC)

W. Srinivasavaradachariar, His Son and Legal Representative, W. Krishn ...

Court : Chennai

Decided on : Jan-26-1944

Reported in : AIR1944Mad330

..... (3) it may be a mere promise to perform an act for consideration, or a contract of indemnity, in which case a suit for damages incurred on the breach of the contract would lie under section 125, contract act; but it must be proved that loss has been sustained.the plaintiff says that the case ..... consider that there is ample authority for the plaintiff's proposition that he is entitled to recover from defendant 1 the rs. 19,500. under the contract defendant 1 was bound to pay this money to rangaswami ayyangar. as he failed in his duty he cannot be allowed to retain it in his ..... was paid to him on account.4. the rights and liabilities of the vendor and vendee in a sale of immovable property are, in the absence of a contract to the contrary, regulated by the provisions of section 55, t. p. act. in mt. naima khatun v. basant singh : air1934all406 , a full ..... as his rights in the village of vedavakkam and a house which he owned at conjeevaram. the letter contained a demand for the fulfilment of the contract of 14th december i923.2. the plaintiff and his son failed to execute the conveyance of the properties sold to defendant l, who instituted a suit ..... falls within the first category. on the other hand the contesting defendant says that it falls within the third category. on the contract .....

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Apr 21 1944 (PC)

Gade Rosi Reddi and anr. Vs. Gade Kristna Reddi and ors.

Court : Chennai

Decided on : Apr-21-1944

Reported in : AIR1944Mad540

..... defendant 1, undertaking to indemnify them in case his wife should raise disputes regarding the sale of her land after attaining majority, and to execute a security bond charging the indemnity on certain immovable properties belonging to him. in all these transactions, the plaintiff who was a minor was represented by his mother as his guardian. as defendants 2 and 3 ..... the time of the execution of the contract, it has been recognised that the persons against whom no specific performance could originally have been enforced may waive want of mutuality and enforce specific performance : see fry on specific ..... high court decreed the suit: see mir sarwarjan v. fakruddin mohamed (1907) 34 cal. 163. but their lordships reversing the decision refused specific performance for want of mutuality in the contract, that is to say, as it could not have been specifically enforced against the plaintiff. under the english law, while generally the test of mutuality is applied with reference to ..... any of the courts. as against defendant 4 the appeal is dismissed.5. turning to the other appeal preferred by defendant 2 his learned counsel mr. rangachari contended that the contract in question was not severable and having been held to be unenforceable as against defendant 4 could not be specifically enforced even in respect of defendant 2's properties included .....

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Jan 17 1944 (PC)

Upendra Nath Vs. Kumar Bimalendu

Court : Kolkata

Decided on : Jan-17-1944

Reported in : AIR1944Cal302a

..... 167, the madras high court said: 'the principal's duty to indemnify is no part of the contract (contract of agency). it is an obligation imposed by the law and is attached to the relation of principal and agent constituted by act of parties.' according to ..... 700 out of his own pocket in exercise of the authority conferred upon him by the defendant. under article 83, limitation act, a suit upon a contract to indemnify is to be brought within three years from the time when the plaintiff is actually damnified. in kandaswamy v. ayayambal ('11) 34 mad. ..... .2. the plaintiff was the defendant's agent for looking after the criminal litigations started by rasik chandra khan against the defendant. under section 222, contract act, the employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the ..... by the statute.' according to this decision of the punjab chief court, the liability of the principal to indemnify the agent under section 222, contract act, is a liability under a contract within the meaning of article 83, limitation act. in ram barai v. sheodeni singh ('12) 16 c.w.n. 1040, jenkins c. ..... j. and chatterjea j. observed: 'as the oontract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but .....

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Nov 09 1944 (PC)

Kashiram Bhagshet Shete Vs. Bhaga Bhaushet Redij

Court : Mumbai

Decided on : Nov-09-1944

Reported in : AIR1945Bom511; (1945)47BOMLR470

..... the partnership. this rule applied equally to joint hindu family firms and ordinary partnership concerns.the learned judge there applied the rule embodied in old section 251 of the indian contract act to a joint hindu family firm stating that the same applied equally to the joint hindu family firms and ordinary partnership concerns. no discussion of the principles governing partnerships ..... chandavarkar j. therefore the principles applicable in the case of joint hindu family trading firms were not merely the principles exclusively derived from the hindu law or from the indian contract act but the said principles in so far as they were not opposed to but were consistent with the necessary incidents of trade and the paramount interests of commerce. ..... between the members of an undivided hindu family, stated that the rights and liabilities arising out of such a relation could not be determined by exclusive reference to the indian contract act, but must be considered also with regard to the general rules of hindu law, which regulated the transactions of united families. he pointed out, following randal v. lakhmichand, ..... position of a hindu joint family firm was quite different from that of an ordinary partnership, the former being a creature of status and the latter being a creature of contract between the parties. he contended that there were various distinguishing features between a hindu joint family firm and an ordinary partnership which were well recognised in the decisions of the .....

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Dec 05 1944 (PC)

Pt. Lalmani Pande Vs. Lala Gopal Sah and anr.

Court : Allahabad

Decided on : Dec-05-1944

Reported in : AIR1945All221

..... excluded under sections 91 and 92, evidence act, it must be proved that the document in question records or purports to record all the terms of the contract between the parties.the point has been made clear in sheonath prasad v. sarju nonia ('43) 30 a.i.r. 1943 ail 220. on the strength ..... lalmani and the obligee must have been sure that though executed by one, it would bind both. it might be contended that when the terms of a contract had been reduced to writing, oral evidence is shut out by sections 91 and 92, evidence act. but, in a recent case, their lordships have made ..... he was not liable in respect of the money raised on bills to which he was no party. it was contended on the basis of section 251, contract act, which corresponds with section 22, partnership act, that the claim as against karim, to the extent of the liability of rashid, ought to fail. ..... not for himself but also for his brother lalmani. in this connexion certain provisions of the partnership act which have replaced some of the provisions of the contract act, may be considered. section 11, partnership act, says that,subject to the provisions of this act, the mutual rights and duties of the partners ..... by jai datt and his evidence has not been rebutted, that lalmani was prosecuted by the forest department and convicted with the result that the timber contracts from 1928 until 1934 stood in the name of keshav dutt alone.... their evidence shows that during the period when the promissory notes were executed both .....

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May 03 1944 (PC)

Liaqat Khan Vs. Abdul Majid Khan

Court : Allahabad

Decided on : May-03-1944

Reported in : AIR1944All284

..... sell at all and the pre-emptor cannot compel him to do so. in these circumstances the vendee may elect to resile unless he has bound himself by an absolute contract of sale. in any event the vendor should not be compelled to suffer because the pre-emptor has stepped into the shoes of the vendee. if the vendor is to ..... benefit from a collateral contract with the vendee he may well prefer not to sell at all if a pre-emption may cause him to lose that benefit. the pre-emptor is given a period .....

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Aug 09 1944 (PC)

Krishnaveni Ammal and anr. Vs. M.D. Soundararajan and ors.

Court : Chennai

Decided on : Aug-09-1944

Reported in : AIR1945Mad53

..... . 1915 mad. 584. napier j. held that although section 42 was not intended to be exhaustive, declaratory relief would not be given in respect of rights arising out of a contract affecting only the pecuniary relationship between the parties unless there were exceptional circumstances to take it out of the ordinary rule. the learned judges at page 83 stated that no .....

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Apr 10 1944 (FN)

Pollock Vs. Williams

Court : US Supreme Court

Decided on : Apr-10-1944

..... here of its invalidity, makes the entire statute invalid on its face. this result is reached by assuming that the existence of the presumption section coerces involuntary labor under the contract by fear of conviction for violation of the first or substantive section. we cannot properly take judicial notice of such an effect. if pleaded and proven, a different situation would ..... for them, he found the defendant guilty without considering the question of intent to defraud. this seems to be the general attitude of the rural justices of maine toward the contract labor law." "considerable peonage has resulted from this statute. the law has been vigorously enforced. soon after its passage, prosecutions were commenced in the lumber regions, and the jail at ..... presumption, when coupled with the other section, transgressed those limits, for, while it appeared to punish fraud, the inevitable effect of the law was to punish failure to perform labor contracts. in taylor v. georgia, both sections of the act were held unconstitutional. there, the state relied on the presumption to convict. but it was not denied that a state has ..... as voluntary or involuntary, but this implies simply a difference in the mode of origin, but none in the character of the servitude. the one exists where the debtor voluntarily contracts to enter the service of his creditor. the other is forced upon the debtor by some provision of law. . . . a clear distinction exists between peonage and the voluntary performance of .....

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