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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1946 Page 6 of about 130 results (0.040 seconds)

Nov 15 1946 (PC)

Subbu Naidu and ors. Vs. Varadarajulu Naidu and ors.

Court : Chennai

Decided on : Nov-15-1946

Reported in : (1947)1MLJ90

..... point of view. as section 91 of the indian evidence act excludes oral evidence only in proof of the terms and not of its existence as a fact, of a contract, grant or other disposition of property, no reference was made to that section in the judgment nor to the full bench decision which related to its applicabilty.19. in the ..... document being unregistered could affect neither the immoveable property, nor, in the absence of any clear intention expressed therein, the moveables, the reasons given being when there is an entire contract and part of it cannot be enforced, the whole goes, whereas it is otherwise when an instrument contains two or more distinct ..... contracts in which case they are severable. pothi naicken v. naganna naicker (1915) 30 m.l.j. 62. that decision governs the present case on this point. perumal ammal v. perumal .....

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Apr 18 1946 (PC)

Narendra Nath Mitter Vs. Rampal Singh

Court : Kolkata

Decided on : Apr-18-1946

Reported in : AIR1947Cal378

..... an agreement is enforceable in law, we think that the proposal made by the commissioner on 27-7-1942 and accepted by the (plaintiff constitute a contract of which the plaintiff is entitled to specific performance.9. in the view we take with regard to the first point of controversy, the second point, ..... merely passed orders cancelling the lease granted by the collector, and sanctioning a lease in new terms, and these are not final orders by which any contract was or could be concluded, but were subject to the provisions of sections 67 and 68 of the act, which are in the widest possible terms ..... powers delegated under section 15 of the act was the act of an agent binding on the principal and when accepted by the plaintiff constituted a completed contract enforceable by law. he held further that this act was not subject to any appeal or revision under section 67 or 68, court of wards act, ..... either on the covenant contained in the original lease or on the case made out in the plaint. he held further that there was no concluded contract for lease with the plaintiff because the collector had no power to make any settlement unless approved by the commissioner and that the settlement made by ..... 6) was there any concluded valid agreement for lease of the disputed hat with the plaintiff as alleged? is he entitled to a specific performance of the said contract? if so, under what terms? (7) to what relief, if any, is the plaintiff entitledthe learned trial court answered issues 3 and i in favour of .....

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Oct 10 1946 (PC)

Antonio Buttigieg Vs. CaptaIn Stephen H. Cross and Others

Court : Privy Council

Decided on : Oct-10-1946

..... the matter. in these circumstances it seems to their lordships that the suggested implications so far from being necessary are neither reasonable nor even possible. to give efficacy to a contract with such implications, rules quite other than those adopted would have been necessary. in these circumstances the contentions advanced before this board fail and the result arrived at by the ..... is not competent for the government to fetter its future executive action, which must necessarily be determined by the needs of the community when the question arises. it cannot by contract hamper its freedom of action in matters which concern the welfare of the state." 13. these words appear to their lordships to cover that aspect of the present case. a ..... not thereby deprive itself of its political power to issue orders that may become necessary by reason of public order, jure imperii-even though, in consequence of such orders, the contract itself becomes impossible of fulfilment." [11] in appeal to this board the case of the appellant has been based on grounds other than those taken in the courts below. so ..... in this appeal is whether the competent military authority in malta, now represented by the respondent, brigadier normal salew, is liable to the appellant in damages for alleged breach of contract in and about the opening by the appellant of maxim club valetta, by reason of h. q. placing the said club out of bounds to service members. [3] the facts .....

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Dec 20 1946 (PC)

Adiveppa Channappa Kittur Vs. Rachappa Balappa Hosmane

Court : Mumbai

Decided on : Dec-20-1946

Reported in : (1948)50BOMLR30

..... rights and is as follows :when a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and after the death of any of them, ..... the business and procedure of the courts, so that justice may be done between the parties, according to their rights and interests at law and by their contracts. such rules are framed for expediency, in order, that judicial business maybe conveniently and expeditiously dispatched, and that there may be an end to litigation. ..... the reasons for the decision in baldeo prasad's case spring from fine considerations of matters of procedure, and not from substantive legal rights, grounded in the contract between the parties.18. the paramount object of order i, rule 9, as indeed of all the rules contained in the first schedule to, the code ..... or some part of security. such an arrangement could only arise from an express agreement with the mortgagors. this accords with section 45 of the indian contract act, the illustration to which section is:a, in consideration of 5,000 rupees lent to him by b and c, promises b and c ..... single and indivisible right which the mortgagee had as the sole promisee, and not in consequence of their being 'joint promisees.'10. a mortgage is a contract, whereby the mortgagors usually, and as in this case, agree to repay a single total sum to the lender or lenders, and in default to .....

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Aug 01 1946 (PC)

Rahima Bibi Vs. A.K. Sherfuddin

Court : Chennai

Decided on : Aug-01-1946

Reported in : AIR1947Mad155; (1946)2MLJ305

..... courts below were right in holding that marriage was a necessary for a muslim minor girl that would come within the purview of section 68 of the contract act.5. it is argued that there was no sufficient proof of the expenses incurred by the plaintiff. he produced accounts and was able to speak ..... it is suggested that the girl should be allowed to become a major and then to enter into a contract of marriage herself. such a suggestion seems to me utterly impracticable in muslim society as we know it; and i do not believe that muslim law countenances ..... favour of a contention that it is necessary for the other. it is argued that there is no objection under the muhammadan law to a woman's contracting a marriage herself, and that therefore no person is iustified in having recourse to a minor's estate for getting a muslim girl married while a minor. ..... who advances monies for the marriage of a muslim minor girl could not it is argued that a marriage amongst muslims is of the nature of a contract rather than of a spiritual ceremony, and that therefore all the circumstances which would make it a religious necessity to provide for the marriage of a hindu ..... to conduct the marriage and so approached the plaintiff, the girl's maternal uncle, and told him of their need. although he did not enter into a contract with the first and third defendants, yet he expressed his willingness to spend such money as was necessary for the marriage. he did not intend to do .....

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Aug 23 1946 (PC)

In Re: P. Srinivasa Rao

Court : Chennai

Decided on : Aug-23-1946

Reported in : (1946)2MLJ333

..... . as i have pointed out, there is no positive duty cast upon him under the statute to notify to the official assignee the fact of his having entered into this contract of service and the terms of remuneration. he was not called upon by the official assignee to furnish details or particulars as to the amounts that he received in connection ..... servant under him. the basis upon which the learned chief presidency magistrate has proceeded, namely, that he was a partner, is therefore incorrect. the terms of remuneration under the service contract were that the petitioner should be paid rs. 150 per mensem and 50 per cent, of the net profits. it is not necessary to make a distinction between the two ..... of the petitioner, namely, that the petitioner did not draw anything over and above the sanctioned scale of remuneration. the question then is whether having drawn remuneration according to the contract scale it was the duty of the petitioner to bring to the notice of the official assignee the fact that he was getting under this ..... contract from p.w. 3, the sum of rs. 150 per mensem and the share in the profits of the business. i have been taken through the various provisions in the .....

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Dec 11 1946 (PC)

Somasundaram Pillai Vs. the Provincial Government of Madras Represente ...

Court : Chennai

Decided on : Dec-11-1946

Reported in : AIR1947Mad366; (1947)1MLJ123

..... constitute a contra t. we have already indicated that where there is a conditional acceptance and the condition is subsequently fulfille. there is a contract and that was all that was said in that case. certain occupancy rights in jeroyiti lands had been put for sale by public auction ..... has been a provisional acceptance make any difference we can see no reason why it should. a provisional acceptance cannot in itself make a binding contract. there must be a definite acceptance or the fulfilment of the condition on which a provisional acceptance is based. our attention has been drawn ..... , notwithstanding that the maker withdraws it before acceptance by the collector. in deciding the question the court can only have regard to the law of contract.13. it was held by a division bench of this court (coutts-trotter and ramesam, jj.) in champalal v. ghansham das : air1922mad486 that ..... (3) if so, whether the notification was ultra vires the provincial government because the conditions of sale conflicted with the provisions of the indian contract act, a statute passed by the central legislature.12. the learned advocate-general has very properly conceded that the publication of the conditions of sale ..... is not surmounted merely by pointing to the fact that as abkari falls within list no. ii (items 31 and 40) (provincial legislative list) contracts are included in list no. iii (concurrent legislative list) effect must be given to the notification. the question of repugnancy is different from the .....

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Apr 16 1946 (PC)

Jnanendra Narayan Vs. Naba Kumar Singha

Court : Kolkata

Decided on : Apr-16-1946

Reported in : AIR1947Cal141

..... is controlled by stringent provisions. the principal relief which the act has forged for the borrower is relief from the burden of interest. notwithstanding the contract interest is not to exceed a certain percentage and the lender cannot recover interest which is in excess of the principal of the loan or the amount of the outstanding ..... and to furnish statements of accounts about the loan to the borrower, etc. control and regulation of money-lending are attained by not letting the money-lender have whatever his contract with the borrower would allow him to have, and as interest is the essential and most oppressive part of a money-lending .....

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May 03 1946 (PC)

Suresh Chandra and ors. Vs. Benoy Kumar Acharjya and ors.

Court : Kolkata

Decided on : May-03-1946

Reported in : AIR1947Cal267

..... the obligation created in 1913, for the object of reopening is to take accounts in a manner laid down by the act in supersession of the manner provided for by contract between the lender and the borrower and there is no other object. on the reasons we have given in jnanendra narayan v. naba kumar : air1947cal141 the bond of 1932, which ..... under the mistaken belief that the creditor had not then lost the right to recover it by suit by reason of lapse of time. what clause 3 of section 25, contract act, in substance does is not to revive a dead right, for the right was never dead at any time, but to resuscitate the remedy to enforce payment by suit ..... the parties had replaced by contract is in its turn to be replaced by the court in an inverse order, when it is exercising its powers of reopening. he submits that if the transaction represented by ..... upon a prior connected transaction. in other words, reopening a transaction means the replacement of the obligation of the borrower created by it by another and prior obligation which by contract between the borrower and the lender had been replaced either immediately or immediately by the obligation of the transaction to be reopened. in effect it comes to this : that what .....

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Jun 20 1946 (PC)

Durga Sankar Sukul and ors. Vs. Prafulla Chandra Nag and ors.

Court : Kolkata

Decided on : Jun-20-1946

Reported in : AIR1947Cal294

..... 36, clause (1) for the purpose of giving relief to the borrower if the principal and interest claimed in the suit on the basis of the contract contravenes section 30. otherwise, there would be no necessity to repeat the provisions of section 30 in section 36, clause (l), sub-clause (c). ..... for other causes. in those cases the new promissory note does not discharge the earlier one which can be enforced in view of the implied contract to repay money lent. this proceeds upon the principle accepted by the judicial committee of the privy council in har chandi lal v. sheoraj singh ..... obligations in substitution for the previous securities. indeed, this high court has consistently maintained that whether there was an agreement to substitute a new contract or not is a question of fact depending on the intention of the parties. one should look to the substance of the matter and not ..... a ease where the adjustment or agreement extinguishes the previous obligation and replaces it by another or substituted obligation within the meaning: of section 62, contract act. the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by ..... the terms of the original bond on which the loan was advanced in a sense may be taken to create a new obligation, for the contract so altered would certainly be different from the original one. but that by itself is not sufficient to attract the proviso. the proviso lays down .....

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