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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1946 Page 7 of about 130 results (0.054 seconds)

Mar 27 1946 (FN)

Winters Vs. New York

Court : US Supreme Court

Decided on : Mar-27-1946

winters v. new york - 333 u.s. 507 (1948) u.s. supreme court winters v. new york, 333 u.s. 507 (1948) winters v. new york no. 3 argued march 27, 1946 reargued november 19, 1946 reargued november 10,1947 decided march 29,1948 333 u.s. 507 appeal from the court of special sessions of new york city syllabus subsection 2 of 1141 of the new york penal law, as construed by the state court of appeals to prohibit distribution of a magazine principally made up of news or stories of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and depraved crimes against the person, held so vague and indefinite as to violate the fourteenth amendment by prohibiting acts within the protection of the guaranty of free speech and press. pp. 333 u. s. 508 -520. 294 n. y. 545, 63 n. e. 2d 98, reversed. appellant was convicted for having certain magazines in his possession with intent to sell them, in violation of subsection 2 of 1141 of the new york penal law. the appellate division of the supreme court of new york affirmed. 268 app.div. 30, 48 n.y.supp. 230. the court of appeals of new york affirmed, 294 n.y. 545, 63 n.e.2d 98, and amended its remittitur to the trial court so as to show that it had held that the conviction did not violate the fourteenth amendment. 294 n.y. 979, 63 n.e.2d 713. reversed, p. 333 u. s. 520 . page 333 u. s. 508 mr. justice reed delivered the opinion of the court. appellant is a new york city bookdealer, convicted, on information, [ .....

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Aug 22 1946 (PC)

Robasa Khanum Vs. Khodadad Bomanji Irani

Court : Mumbai

Decided on : Aug-22-1946

Reported in : AIR1947Bom272; (1946)48BOMLR864

..... find it difficult to accept this contention. it is difficult to believe that parliament wanted to include matrimonial matters in the compendious expression 'matters of contract and dealing between party and party.' if parliament intended to invest the high court with matrimonial jurisdiction, parliament would have made use of a more appropriate expression. therefore in our ..... clause 24 of the charter it was provided that in the eases of mahomedans or gentoos (hindus), their inheritance and succession to lands, rents and goods, and all matters of contract and dealing between party and party, shall be determined, in the case of the mahomedans, by the laws and usages of the mahoraedans, and where the parties are gentoos, by ..... classes of cases enumerated in section 112 of the government of india act of 1915, it is contended that marriage is a contract, that parties entered into the contract of marriage, that one party is seeking to repudiate the contract and that as the two parties belong to different communities their rights should be administered according to the law of the defendant. we .....

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Feb 19 1946 (PC)

Maruthy, Karnavan and Manager of the Tavazhi Vs. Thayyil Pathumma (ins ...

Court : Chennai

Decided on : Feb-19-1946

Reported in : AIR1946Mad391; (1946)1MLJ285

..... is any force in the contention that the petition was not maintainable under section 38 because the petitioner was an insane person and, therefore, not entitled to enter into any contract. if this contention were to be upheld, it would mean that no minor, no insane person or person under a disability can file a petition under section 83 which cannot ..... : (1) whether a petition under section 33, malabar tenancy act (act 14 [xiv] of 1930), is not maintain-able at the instance of a person who cannot enter into a contract, being insane; (2) what is the correct value to be paid for the kudiyiruppu; and (3) whether the lower court is wrong in having treated the hudiyiruppu as a separable ..... allotting the part so separated to the tenant. in this case it is not a case of enforcement of a contract. no doubt the words 'offer' and 'acceptance' are used in the act but that would not make the transaction a contract. it is the order of court confirming the right in respect of the portion of a holding as separable hudiyiruppu .....

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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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Jan 09 1946 (PC)

Raghavendra Sadashiv Vs. Sadashivrao Madhavrao

Court : Mumbai

Decided on : Jan-09-1946

Reported in : AIR1947Bom33; (1946)48BOMLR616

..... of his property was assumed. also the filing of an appeal by him or his representation in an appeal filed by his opponent usually will be matters requiring contracts by him involving him in pecuniary liability. again, by reason of section 34, every process issued against any government ward is to be served on the ..... two before the formal order by which superintendence is assumed. by reason of section 37 of the act, a government ward is incompetent to enter into any contract which may involve him in pecuniary liability, and it is very difficult to understand how a government ward under this disability ordinarily will be in a position ..... his property or any part thereof (except such interest as may be created by a will made in accordance with section 38), or to enter into any contract which may involve him in pecuniary liability; and no suit shall be brought in any civil court whereby to charge any person upon any promise made after he ..... has ceased to be a government ward to pay any debt contracted during the period when he was a government ward, or upon any ratification made after he has ceased to be a government ward of any promise or ..... contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification.3. there can be no doubt .....

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Feb 27 1946 (PC)

Jaitunbi Fatrubhai Vs. Fatrubhai Kasambhai and ors.

Court : Mumbai

Decided on : Feb-27-1946

Reported in : AIR1948Bom114

..... for a consideration, and there is a sharp conflict of judicial opinion as to whether in india it is not in reality a sale, possessing all the incidents of a contract of sale. in sarifuddin mahomed v. mohiuddin rule 1927 cal. 808 and fateh ali v. mahomed bakhah a.i.r. 1928 lah. 516 on which the courts below have relied ..... .i.r. 1937 lah. 345 under muhamniadan law, dower is not the exchange or consideration [as understood in technical sense in the contract act] given by the roan to woman for entering into the contract, but an effect of the contract imposed by the law on the husband or a token of respect for its subject the woman (bailie's digest vol. i .....

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Jun 10 1946 (FN)

Kotteakos Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... for purposes not within the contemplation of title 1 of the national housing act. the defendants would procure various documents, e.g., credit statements and certificates falsely stating that work contracted for had been completed and material delivered, and, on the basis of these documents, which were presented to the various financial institutions and to the federal housing administration, would obtain .....

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Feb 25 1946 (FN)

Lusthaus Vs. Commissioner

Court : US Supreme Court

Decided on : Feb-25-1946

..... v. harrelson, 282 u. s. 55 ; uterhart v. united states, 240 u. s. 598 , 240 u. s. 603 . in lucas v. earl, 281 u. s. 111 , the validity of the contract to transfer sums earned was not significant to the inquiry as to who earned the compensation. [ footnote 2 ] revenue bill of 1941, h.r.5417, as introduced, 77th cong., 1st .....

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Jul 15 1946 (PC)

Hairoon Bibi Vs. the United India Life Insurance Co. Ltd.

Court : Chennai

Decided on : Jul-15-1946

Reported in : AIR1947Mad122; (1946)2MLJ253

..... proposer is not bound by what has been done. the law on the subject is very clear and is found laid down not only in section 4 of the indian contract act and in the illustrations thereto but also in section 50 of the same act, illustration (d). it is also found discussed at length in henthorn v. fraser (1892) 2 .....

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