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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1946 Page 4 of about 130 results (0.043 seconds)

Jul 09 1946 (PC)

P.K. Banerjee Vs. L.J. Simonds and anr.

Court : Kolkata

Decided on : Jul-09-1946

Reported in : AIR1947Cal307

..... are sought against the respondents, cannot be made. it seems to me that the principle which the appellant wishes to establish is that, whenever a contract is made with regard to the purchase or sale of goods by the government or by some accredited agent on its behalf, the other party can ..... , and independently of any duty which as servant ho may owe to the crown, his principal.their lordships make no reference to a right under contract being enforceable by mandamus; they clearly enunciate that the duty imposed upon a public servant, which can be the subject of mandamus is a statutory ..... is stated that by notification dated 16-7-1943, as amended by notification dated 20-4-1944, the governor, general in council declared that all contracts and assurances of property belonging to the government might be executed on his behalf by the several authorities mentioned in para. 8 of the affidavit. ..... the governor-general in council or the governor-general, as the context may require.30. the goods, which were the subject of the appellant's contract, were surplus stores acquired for use in the prosecution of the war and were acquired for the purpose of the federation and their disposal is regulated ..... under section 45. he pointed out that : the goods are at chittagong, outside the court's ordinary original civil jurisdiction, where delivery under the contract was required to be given; the orders of court sought by the application are for the acts of delivery of the goods, of forbearance from selling .....

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Jul 11 1946 (PC)

Subodh Chand Mitter Vs. Bhagwandas Sha

Court : Kolkata

Decided on : Jul-11-1946

Reported in : AIR1947Cal353

..... advanced on the authority of loffus v. maw (1862) 3 giff. 592, expressly rejected it. in deciding the latter case, where there was no contract, lords cranworth, wensleydalo and westbury applied the doctrine of estoppel by representation, but the lord kingsdown applied the doctrine of part performance, as was pointed ..... . duke of beaufort v. patrick (1853) 17 beav. 60 compensation was allowed to the real owner after holding that he was bound by an implied contract. the indian cases relied on viz., badal chandra v. debendra nath : air1933cal612 and karan singh v. budh sen : air1938all342 do not discuss the principles ..... proved and could have been enforced if steps had been taken in time. respondent, however, does not seek relief on the basis of that oral contract.26. there was also no misrepresentation as to existing facts. mr. mitra suggested that appellant's assurance that the respondent would never be ejected or ..... from this point of view. we have been in-formed that suit for specific performance of that contract is now barred by limitation.7. in the meantime the original plaintiff and the original defendant have both died. amar chand mitter has been ..... court. the question was then raised whether the respondent was still in a position to institute a suit for specific performance of the oral contract entered into by the parties to grant a permanent lease of this property. an adjournment was granted to enable the parties to examine the position .....

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Nov 25 1946 (FN)

Richfield Oil Corp. Vs. State Bd. of Equalization

Court : US Supreme Court

Decided on : Nov-25-1946

..... . s. 418 , where a federal manufacturing tax on filled cheese was sustained against the claim that it was a tax levied by congress on exports. the cheese was manufactured under contract for export. the court said, "the true construction of the constitutional provision is that no burden by way of tax or duty can be cast upon the exportation of page ..... the united states. judicial code 237, 28 u.s.c. 344(a), 861a. appellant is engaged in producing and selling oil and oil products in california. it entered into a contract with the new zealand government for the sale of oil. the price was f.o.b. los angeles, payment in london. delivery was "to the order of the naval secretary ..... of judicial code 237, 28 u.s.c. 344(a). p. 329 u. s. 72 . 2. appellant, which was engaged in producing and selling oil in california, entered into a contract for the sale of oil to the new zealand government. the oil was delivered by appellant from dockside tanks into a vessel of the new zealand government at a california .....

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Dec 16 1946 (PC)

Abdallakhan Daryakhan Vs. Purshottam Damodar

Court : Mumbai

Decided on : Dec-16-1946

Reported in : (1947)49BOMLR875

..... the father executed the sale-deed in favour of his son. in support of his contention mr. somjee has relied on the provisions of section 25(2) of the indian contract act under which a conveyance to compensate, wholly or in part, a person who has already voluntarily done something for the promisor would be valid. it seems to us, however ..... . 1. in view of this finding it is impossible for us to accept mr. somjee's argument that the transfer would be valid under section 25(2) of the indian contract act.5. mr. somjee has further contended that the courts below were wrong in holding that the present suit was governed by article 120 of the indian limitation act. he .....

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Jun 10 1946 (PC)

Kashi Nath Mukherjee Vs. Nil Ratan Saha and ors.

Court : Kolkata

Decided on : Jun-10-1946

Reported in : AIR1947Cal304

..... such deposit. if we are right in the view we take, the plaintiff's claim cannot manifestly be supported under section 69.13. can section 70, contract act, then, avail the plaintiff? that section provides as follows:where a person lawfully does anything for another person, or delivers anything to him, not ..... pay the rent that, was due upon the property, when he made the purchase, could not be regarded as a person who under section 69, contract act, was entitled to call upon the defendant to make good the amount that he had paid.8. mr. ghose's point was that the learned ..... ghose argued that the interpretation, which the learned judges who decided manindra chandra nandi v. jawahir kumari ('05) 32 cal. 643 put upon section 69, contract act, was manifestly contrary to or inconsistent with the wording of the section itself. the contention in that case on behalf of the plaintiff appellant was that ..... execution of a rent decree, he could not be said to have paid it merely as a person 'interested in making the payment.' section 69, contract act, would not apply in favour of such a purchaser making a payment in such circumstances.7. the correctness of this decision was strenuously challenged before ..... for the payment he had made.5. both the courts below accepted the defence plea. the case was considered with reference to sections 69 and 70, contract act, and on general grounds of equity, but neither under the statute nor on principle was the plaintiff held entitled to succeed.6. in support of .....

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May 13 1946 (FN)

Rfc Vs. Beaver County

Court : US Supreme Court

Decided on : May-13-1946

..... the government required. the lease contract also provided that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the government contends that, under these circumstances, the machinery was ..... the machinery were attached by easily removable screws and bolts, and some of the equipment and fixtures could be moved from place to place within the plant. the lease contract with curtiss-wright authorized the government to receive and to replace existing equipment, and parts of the machinery appear to have been frequently interchanged and replaced as the convenience of ..... essential to the existence and operation of a manufacturing plant for aircraft propellers. the plant, thus fully equipped, was leased to curtiss-wright corporation, to carry out its war contracts with the government for the manufacture of propellers. most of the machinery was heavy, not attached to the buildings, and was held in place by its own weight. other ..... screws and bolts. some of the equipment could be moved from place to place in the plant. the plant was leased to a manufacturer of war equipment under a contract providing that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the supreme court of pennsylvania sustained the imposition of a tax .....

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Mar 25 1946 (FN)

United States Vs. Carbone

Court : US Supreme Court

Decided on : Mar-25-1946

..... . . work, . . . financed in whole or in part by loans or grants from the united states, . . . to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined . . . or imprisoned . . . or both." 48 stat. 948, 40 ..... of the kickback act punishes "whoever" induces another person employed on a federally financed project "to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever." the united states contends that this provision applies to the ..... with the contractors, the appellees "well knowing and intending that the laborers would pay the said five dollars out of the compensation to which they were entitled under their contracts of employment with the said contractors." the indictment also stated that the appellees kept no records of those who made payments to them. but, if a laborer should present ..... 13, 1934, provides that "whoever" shall induce any person employed on any federally financed work "to give up any part of the compensation to which he is entitled under his contract of employment by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever," shall be subject to the penalty therein prescribed. appellees, union officials .....

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Mar 11 1946 (PC)

The Governor General in Council Vs. Shiromani Sugar Mills Limited (In ...

Court : Mumbai

Decided on : Mar-11-1946

Reported in : (1946)48BOMLR483

patrick spens, kt., c.j.1. the respondent company prior to being wound up, as hereinafter mentioned, carried on the business of proprietors of sugar; mills in the basti district of the united provinces. the company was believed to have made some profits for the year ending may 30, 1940, but it was not until february 25, 1943, that an order for assessment of income-tax was made for the year of assessment 1941-42, and the tax was eventually fixed at rs. 18,493-12-0. in the meantime, however, a petition to wind up the company had been presented on november 26, 1941, a provisional liquidator had been appointed on december 7, 1941, and finally, on april 17, 1942, a winding up order had been made by the high court at allahabad. it will be noticed therefore that the company had been ordered to be wound up a very considerable time before the assessment was made. on march 10, 1943, a notice of demand was served on the official liquidators of the respondent company under section 29 of the indian income-tax act, 1922, (hereinafter referred to as ' the income-tax act'). on march 13, 1943, the official liquidators pointed out to the income-tax department that the proper procedure to be followed was for the income-tax department to lodge a claim in the winding up in respect of the arrears of tax alleged to be due from the company.2. instead of adopting the procedure suggested, the income-tax department decided to adopt the procedure provided by section 46 of the income-tax act, and .....

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Jul 18 1946 (PC)

P.V. Muthuswami Ayyar Vs. A. Velammal

Court : Chennai

Decided on : Jul-18-1946

Reported in : (1946)2MLJ273

..... plaintiff is demanding. it is only after she or her lessees utilise the water from the well that they would be liable under section 70 of the contract act.4. the defendant was therefore entitled to succeed, although on a different ground from that on which the lower court dismissed the suit. the petition ..... provided that the other ingredients of section 70 are to be found.3. in order that the plaintiff should succeed in the claim under section 70 of the contract act he would have to prove (1) that he had repaired the well for the defendant; (2) that he did not intend to do so gratuitously ..... benefited by them. the suit was, however, dismissed, it being held that although the defendants had benefited, they were not liable under section 70 of the contract act. it seems to me that this is no longer good law in view of the full bench decision of this court in srirama raja v. secretary ..... supported by some observations in viswanatha vijaya kumara bangaroo v. r.g. orr (1917) 45 i.c.786, to this effect:section 70 of the contract act does not apply to cases where a person does an act for his own benefit and that act incidentally benefits his neighbour or any other person. ..... that she could not contribute. the petitioner thereupon completed the work and filed this suit for contribution from the respondent, claiming under section 70 of the contract, act. the lower court held that although the respondent stood to benefit by the work and that the petitioner did not intend to do the work gratuitously .....

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Dec 10 1946 (PC)

Davis and Co., Incorporated Vs. H.M. Procurator General

Court : Privy Council

Decided on : Dec-10-1946

..... what was done in the case of the "pedersen", which sailed from mexico about eight days before the "charles racine" with gas oil under the german contract and had been ordered to malmo by the coal and oil company after the outbreak of war. a cable is produced addressed by skandi-tank malmo to the ..... " cargo through to germany if possible. he also said that he was not satisfied by the evidence that effective steps had been taken to cancel the scana contract. on the contrary he thought that it subsisted. the president was most careful to deal with every suggestion that could tell in favour of the claimant. only ..... german policy of getting as much oil as possible. the appellant had, it may be repeated, every interest in performing as far as be could his contract to deliver the oil to germany. as was said by this board in 1944 ac 6,1 in discussing a decree forbidding the export of contraband goods ..... visited italy and germany, and during the visit met goering. it may be inferred that the visit had some reference to the very important contract the appellant had with the german government and to the cargoes row claimed. the appellant had obviously a great interest in completing as far as possible the ..... contract and perhaps renewing it if the war should be short. the appellant had a large inducement towards keeping on good terms with the german government .....

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