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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1946 Page 2 of about 130 results (0.040 seconds)

Jul 24 1946 (PC)

K.S. Sundaram Aiyar Vs. Ittichathara Valia Mannadiar, Karnavan and Man ...

Court : Chennai

Decided on : Jul-24-1946

Reported in : AIR1947Mad197; (1946)2MLJ322

..... ; and secondly, that the mortgagor should be liable to pay the cost of such improvements.18. the learned advocate-general next argued that ' a contract to the contrary ' should be implied in the circumstances, namely that the mortgage comprised properties situated both in coimbatore and in malabar and that a ..... of d. w. 1. even assuming that this is the correct translation of those words, it is impossible to read into the paragraph any contract that the improvements that may be made by the mortgagee should be paid for by the mortgagor at the time of redemption. on the other hand ..... to the property in this case fall within sub-section (2) of section 63-a. the only question therefore is whether there is a contract to the contrary which entitles the mortgagee to be reimbursed in the expenses incurred by him in making the improvements. no doubt section 63-a ..... mortgaged property in possession of the mortgagee has, during the continuance of mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section (a), be liable ..... 59 and tadavendra bhattu v. srinivasa babhu : air1925mad62 . he can obtain compensation or damages in a properly framed suit against the mortgagee for breach of the contract. see abdul hashim sahib v. kadir batcha sahib : (1918)35mlj740 . in the case of a usufructuary mortgage, if the mortgagor has not received full .....

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Mar 28 1946 (PC)

Vastiram Manmal and Co., by Its Manager, Manmal Vs. T.S. Ramaswamy Iye ...

Court : Chennai

Decided on : Mar-28-1946

Reported in : AIR1947Mad99; (1946)2MLJ270

..... 10 on the reverse of ex. p. 1 must be interpreted to mean what it actually says, i.e., that legal proceedings arising out of contracts and contracts alone should be instituted in madras courts. thirdly, he argued that since no part of the cause of action arose in madras, the stipulation in condition ..... district munsiff's court, we must have regard to the actual wording used. the respondent was not unaware of the distinction between an offer and a contract, as will be evident from the fact that on the reverse of the conditions is a space for noting the number of the offer as well ..... on a reasonable interpretation of condition no. 10 the parties were bound to have this dispute decided by the madras court, whether there was a completed contract or not.2. the learned advocate for the appellant has raised three points. the first is that the learned district judge should not have directed the ..... under consideration. it may be true that the respondent was anxious to have all matters arising out of offers as well as contracts decided in madras courts for reasons of convenience; but the question is whether the appellant also understood that the restriction applied to offers as well as ..... his suit in any court having jurisdiction. the district munsiff went into the question whether there was a completed contract or whether, there was only an offer, and held that there was no completed contract. he then accepted the argument of the plaintiff that condition no. 10 did not apply to offers and decreed .....

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Apr 22 1946 (FN)

Seas Shipping Co., Inc. Vs. Sieracki

Court : US Supreme Court

Decided on : Apr-22-1946

..... is for these reasons that, throughout the long history of the maritime law, the right to maintenance and cure, and later the right to indemnity for injuries attributable to unseaworthiness, have been confined to seamen. longshoremen and harbor workers are in a class very different from seamen, and one ..... 80, 5; 57 & 58 vict. c. 60, 458. in this country, the right of the seaman to demand, in addition to maintenance and cure, indemnity for injuries resulting from unseaworthiness was first recognized by this court in the osceola, 189 u. s. 158 . in later cases, it has been established that ..... 367 ; atlantic transport co. v. imbrovek, 234 u. s. 52 . [ footnote 7 ] it has been suggested that "the seaman's right of indemnity for injuries caused by defective appliances or unseaworthiness seems to have been a development from his privilege to abandon a vessel improperly fitted out." the arizona v. anelich, ..... of appeals obviously went on this view. moreover the contention necessarily affects the bethlehem companies, at any rate in relation to possible claim of indemnity by petitioner. they have not been named as respondents here or served in accordance with rule 38(3). consequently we are precluded from making ..... places upon maritime workers and in the policy of the law to secure them indemnity against such hazards. obviously the norm of the liability has been historically, and still is, the case of the seaman under contract with the vessel's owner. this is because the work of maritime service .....

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Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

Decided on : Jun-10-1946

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

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Feb 04 1946 (FN)

Meyer Vs. Fleming

Court : US Supreme Court

Decided on : Feb-04-1946

..... missouri, k. & t. trust co. v. german nat'l bank, 77 f. 117, 122, 123; boston elevated ry. co. v. paul boynton co., 211 f. 812, 822, 823; hartford accident & indemnity co. v. federal bond & mortgage co., 59 f.2d 950, 956. see 1 clark on receivers (2d ed., 1929) 614, 615. [ footnote 11 ] glenn, the stockholder's suit, 33 yale ..... : "the trustee in bankruptcy is not obliged to maintain or continue every cause of action which the bankrupt may have. he is not bound to accept burdensome property nor unprofitable contracts ( atchison, t. & s.f. ry. co. v. hurley, 153 fed.rep. 503, aff'd, 213 u. s. 213 u.s. 126), nor is he obliged to intervene in any action .....

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Jan 17 1946 (PC)

Vajapeyajula Venkateswarlu and anr. Vs. Ragadamilli Viraswami and ors.

Court : Chennai

Decided on : Jan-17-1946

Reported in : (1946)1MLJ291

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent, for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before the ist april ..... . section 187(1)(i) expressly states that the right of relinquishment cannot be taken away by a. contract between the landholder and the ryot. therefore the first plaintiff undoubtedly acted within his rights when on the 30th june, 1937, the last day of the revenue year, he gave .....

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Jan 17 1946 (PC)

Vajapayajula Venkateswarlu and anr. Vs. Regadimilli Veeraswami and ors ...

Court : Chennai

Decided on : Jan-17-1946

Reported in : AIR1946Mad461

..... right to relinquish is absolute, subject to his compliance with the formalities required by the section and the right of the landholder to institute a suit before the collector for indemnity against loss of rent for the revenue year next following the date of the relinquishment, unless the tenant had given notice of his intention to relinquish before 1st april. section ..... 187(1)(f) expressly states that the right of relinquishment can-not be taken away by a contract between the land holder and the ryot. therefore plaintiff 1 undoubtedly acted within his rights when on 30th june 1937, the last day of the revenue year, he gave notice .....

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Feb 13 1946 (PC)

NaraIn Sahai and ors. Vs. Emperor

Court : Allahabad

Decided on : Feb-13-1946

Reported in : AIR1946All333

..... on bail but guarantees the attendance of that person. he is a surety for attendance and not a surety for payment of money. his contract and the contract of the person released on bail are independent of each other. the simple fact is that the surety promises to pay a certain sum o ..... which it connotes under the law of contract. under this proviso even though the bond is not given by the minor bound over and is executed by the surety as the principal promisor he, nevertheless ..... minor, the bond shall be executed only by his sureties.the reason for this proviso is no doubt the incapacity of a minor to enter into a contract, but this proviso puts it beyond doubt that the word 'surety' in chap. 8, criminal p.c., is not used in the limited sense ..... sections of that code be influenced or coloured by reference to the highly technical and at times artificial rules relating to civil liability enforceable under an ordinary contract of guarantee.5. the provisions contained in the code do, to my mind, show that the sureties, by their bond, guarantee that the person ..... taken to insure the accomplishment of that object and not primarily with a view to bring into existence engagements or contracts involving a pecuniary liability. a 'contract of guarantee' is defined by section 126, contract act, asa contract to perform the promise, or discharge the liability, of a third person in case of his default.this definition .....

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Mar 04 1946 (FN)

Wilson Vs. Cook

Court : US Supreme Court

Decided on : Mar-04-1946

..... ." (emphasis added.) [ footnote 5 ] the provision reads: "every producer actually operating any oil or gas well, quarry or other property from which natural resources are severed, under contract or agreement requiring payment direct to the owners of any royalty, excess royalty or working interest, either in money or in kind, is hereby authorized, empowered, and required to deduct ..... leave no doubt that the supreme court of arkansas correctly held that plaintiffs, who are taxed by the state on their activities in severing lumber from government lands under contract with the government, cannot claim the benefit of the implied constitutional immunity of the federal government from taxation by the state. plaintiffs now, for the first time, assail ..... under their contract, severed timber from the forest reserves in question. an execution having been issued and delivered to the county sheriff, appellee in no. 328, and also appellant in no. ..... provided that "title to all timber included in this agreement shall remain in the united states until it is paid for, and scaled, measured, or counted." by the contracts, the appellants were required in advance of severance to place with the government representative advance installments of the estimated purchase price. in the years 1937 to 1942, appellants, proceeding .....

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Jan 14 1946 (FN)

Railway Conductors Vs. Pitney

Court : US Supreme Court

Decided on : Jan-14-1946

..... and brt do not deny that orc members had performed the work in question continuously for more than thirty-five years or exclusively until the contract of 1943 with brt was made and put into effect. they allege no protest against this arrangement until shortly after the 1940 agreement with orc ..... the effect of the agreements made prior to 1943, and the board so finds, no "change" in violation of 6 was brought about by the 1943 contract, which, in that event, becomes merely declaratory of preexisting rights. the crucial issue is whether the 1943 agreement "changed" -- that is, altered the ..... orc and brt, respectively, as affected by the establishment of switching limits in 1929 and other matters bearing upon the interpretation of the written contracts and the rights of the parties. only after the adjustment board has acted can it be known whether a change in violation of 6 ..... has been proposed or has taken place in fact. whether the relief sought should be granted depends on whether the adjustment board finds that the 1943 contract with brt, or action taken thereunder, constitutes a "change in agreements affecting rates of pay, rules, or working conditions" within the meaning of ..... issue as a result of negotiations as to rules, rates of pay, and working conditions between it and the railroad, and that the 1940 contract specifically provided that this situation would not be changed without further agreement. thus, the proposed displacement of orc conductors would violate 6 of the railway .....

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