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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1948 Page 1 of about 153 results (0.040 seconds)

Mar 04 1948 (PC)

Ramji Karamsi Vs. the Unique Motor and General Insurance Co. Ltd.

Court : Mumbai

Decided on : Mar-04-1948

Reported in : AIR1951Bom347; (1950)52BOMLR703

..... owner of the goods, he would not be able to contend that he had an insurable interest in the same, and that the contract of insurance being a contract of indemnity, the plaintiff could not say that he was damnified in the sum of rs. 4850 unless and until he also showed that he ..... the most scrupulous exactness, and if not so fulfilled, there is a breach of aa express stipulation which is one of the essential terms of the contract and the insurer is discharged from liability as from the date of the breach of warranty : the assured must prove that he has complied with ..... it may be one which the assured would have rejected, had it been present to his mind at the time of his entering into the contract,....' and another passage at p. 462, para. 683 : 'the stipulation in practice prescribes a time within which the particulars and proofs are to be delivered ..... construction which have reference only to the words actually used, and not to the admission of parol evidence for the purpose of explaining or adding to the contract, one of the most important is that full effect must, if possible be given to every provision, written or printed, contained in the policy, although ..... effected, viz. effecting the insurance and loading of the goods in the country craft, they were to be despatched and delivered in terms of section 148, contract act, to the parties named by the principals eamdas vasanji and eanchhoddas moolji. on this statement of facts, the plaintiff would be deemed to be a .....

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Aug 10 1948 (PC)

Vadula Satyanarayanamurty Vs. the Official Receiver, West Godavary and ...

Court : Chennai

Decided on : Aug-10-1948

Reported in : (1948)2MLJ426

..... of the courts below that the plaintiff was not entitled to contribution from the other items is unsustainable.4. there is, however, a security created under ex. p under the indemnity clause contained therein. the plaintiff can only proceed to enforce his claim for contribution after realising such amount as is possible to realise from items 30, 31, 32 and 34 ..... findings on issues 1, 3, 7, 8, 15, 16, 2 and 6. in the view he took of the case, he was of opinion that as the plaintiff had an indemnity, in respect of which a charge was also created over items 30, 31, 32 and 34, he was not entitled to contribution. the result was that the suit was decreed ..... 13th february, 1931, under ex. p an extent of five acres and 82 cents from the first defendant and the deed of sale executed in his favour contained also an indemnity in his favour charging items 30, 31, 32 and 34 for the amount of loss that might possibly accrue to the plaintiff in case the properties sold to him were ..... learned subordinate judge wrongly assumed, supports the plaintiff. the argument that was accepted by the courts below was that the indemnity clause contained in ex. p constituted a ' contract to the contrary ' within the meaning of section 82 of the transfer of property act. the expression ' contract to the contrary ' occurring in section 82 was interpreted by the full bench as meaning a .....

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Dec 10 1948 (PC)

Chennuru Sitharamamurthi Chetty and ors. Vs. Chennuru Guruswami Chetti ...

Court : Chennai

Decided on : Dec-10-1948

Reported in : (1949)1MLJ400

..... advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted in gaining such advantage.the following illustrations to section 88 relate to partners:(d) a, a partner, buys land in his own ..... dissoluble at will.the learned lord justice was not prepared to say that in no case could a partner, during the continuance of the partnership contract for a new lease to be granted to himself without the new lease being held to be for the benefit of the partnership. the authorities did ..... entitled to any interest in it. cottenham, l.c., upheld the plaintiff's claim to the new lease, and observed as follows:now, when the contract for it was made, and the new lease was taken, the plaintiff had an equal; interest with them, according to the share her husband was entitled ..... they had obtained the renewal and gave him notice of their intention to dissolve the partnership on the 22nd november following. at this time, various contracts entered into by one of the fenwicks in the name of the partnership with glass manufacturers were still subsisting. they offered to take the partnership property ..... business. b must account to a's legal representative for the profit arising from a's share of the capital.14. section 258 of the indian contract act, which has since been repealed, and which has been re-enacted as part of section 16 of the partnership act of 1932, had the following .....

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Aug 12 1948 (PC)

P.A. Raju Chettiar and Brothers, Jewellers Vs. the Commissioner of Inc ...

Court : Chennai

Decided on : Aug-12-1948

Reported in : (1948)2MLJ430

..... acha and four i.l.r. (1928) rang. 198 was the case of a mohamedan widow who entered into partnership contract with her deceased husband's partner and continued the business so as to bind her minor children. it was held following the leading case on the subject imambandi v. mutsaddi ..... (1917) 35 m.l.j. 422 : 1917 l.r. 45 indap 73 : i.l.r. 45 cal. 878 that a mohamedan widow is not competent to enter into a contract binding on her minor children. it is argued that the principle on which that authority is based is of general application.4. strong exception was taken to the statement which ..... indemnity for liabilities properly incurred out of the assets of such business, creditors of the business can proceed directly against such assets for liabilities properly incurred by the guardian. khorasany v. ..... india carry on a family business belonging to a minor son by a manager. in such a case such guardian and not the minor is the person personally liable on contracts entered into in the course of the business. creditors of the business have no right of direct recourse against the minor; but as the guardian will be entitled to .....

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Jun 14 1948 (FN)

United States Vs. Zazove

Court : US Supreme Court

Decided on : Jun-14-1948

..... usage of this term in commercial insurance policies. [ footnote 10 ] see aschenbrenner v. united states fidelity & guaranty co., 292 u. s. 80 , 292 u. s. 84 et seq.; manufacturers' accident indemnity co. v. dorgan, 58 f. 945, 956. [ footnote 11 ] aschenbrenner v. united states fidelity & guaranty co., supra, note 10 at 292 u. s. 84 -85. [ footnote 12 ] ..... , 1924, [ footnote 26 ] provided for payment of insurance benefits in 240 equal monthly installments, but authorized the veterans' administration (formerly the veterans' bureau) to provide in the contract page 334 u. s. 618 of insurance "for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments ..... for construing it in favor of the insured. [ footnote 10 ] there is, of course, a marked distinction between the criteria for judicial construction of an ordinary commercial insurance contract and construction of the provisions of an act of congress setting up a system of national life insurance for servicemen to be administered by a governmental agency. the statutory provisions ..... regard the continuing payability of monthly installments, after the payment of the 120 installments certain, as possibly constituting a significant component of the insurance for which the serviceman had contracted, rather than a sheer gratuity conferred by congress, that the court could view the subsection as plainly and without ambiguity requiring the face value of the insurance to be .....

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Aug 12 1948 (PC)

P. A. Raju Chettiar and Brothers Vs. Commissioner of Income Tax, Madra ...

Court : Chennai

Decided on : Aug-12-1948

Reported in : [1949]17ITR51(Mad)

..... entered into the course of the business. creditors of the business have no right of direct of direct recourse against the minor; but as the guardian will be entitled to indemnity for liabilities properly incurred out of the assets of such business, creditors of the business can proceed directly against such assets for liabilities properly incurred by the guardian. khorasany v ..... . acha and four was the case of a muhammadan widow who entered into a partnership contract with her deceased husband partners and continued the business so as to bind her minor children. it was held, following the leading case on the subject imambanbdi v. mutsaddi, that ..... a muhammadan widow is not competent to enter into a contract binding on her minor children. it is argued that the principle on which that authority is based is of a general application.strong exception was taken to the statement which .....

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Dec 14 1948 (PC)

Karavadi Manikya Rao Vs. Nalluri Adenna

Court : Chennai

Decided on : Dec-14-1948

Reported in : (1949)1MLJ291

..... to the brothers of the original trustees. the learned district munsiff held that the legal representatives of the other co-trustees had to be joined under section 45 of the contract act which clearly has no application. he was also guided by some observations in vedakannu nadar v. ranganadha mudaliar : air1938mad982 . the facts there however were entirely different. that litigation concerned ..... 44 and section 76 merely reproduce principles which are ordinarily applicable under ordinary law to all kinds of trustees. the learned district munsiff erred in applying section 45 of the contract act and in following decisions where the facts were entirely different. i have no hesitation in holding that the plaintiff as the surviving trustee of three trustees of this tank .....

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Aug 02 1948 (PC)

Firm Mangal Chand Banawari Lal Vs. Firm Pyare Lal

Court : Punjab and Haryana

Decided on : Aug-02-1948

Reported in : AIR1949P& H199

..... namely,: 'the weight of authority, therefore, appears to support the view that the submission need not be signed by the party charged, unless the contract itself is one which the law requires to be so signed--but the point cannot be looked upon as finally settled'.we are not, however, troubled ..... acceptance of a document containing all the terms is sufficient. we are satisfied that the letter of 10th december 1923, alludes to the indent contract and accepts it in its entirety. further, we are of opinion that a written agreement does not in the arbitration act mean that the signatures ..... hanutram v. mohanlal & co. : air1940bom93 . kania, j. took the view that the arbitration act requires a submission in writing and that, merely sending contract notes by a party to another without any confirmation notes signed by the other party does not amount to a submission, in writing, as required by the ..... 4500 bags of bajra was withheld though its existence was admitted. it is unlikely that the defendants who are businessmen and are dealing in forward contracts would not keep any account of these transactions. the withholding of these books of account by the defendants raised a strong presumption against them, ..... kesho ram telegraphically. i do not maintain daily account of the transactions. i only enter them in ledger. the applicants did send me duplicate contract forms in respect of these 4500 bags of bajra.6. the defendants did not produce their sauda bahi about which reference has been made in .....

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Apr 02 1948 (PC)

Nanak Chand Vs. Firm Panna Lal Durga Prasad and ors.

Court : Allahabad

Decided on : Apr-02-1948

Reported in : AIR1948All444

..... on behalf of messrs. asser that the question to be decided by the umpire was of mercantile usage, and that he was entitled to say, under the contract that the interest of messrs. landauer was limited to the extent of the purchase money plus 5 per cent, and that as against messrs landauer, the sellers, ..... observed as follows:it is alleged on behalf of messrs. landauer that the award is bad because it decides-that the buyers are only entitled under the contract to such amount of the insurance money as represents the net price plus 5 per cent, and that the balance is due to messrs. asser. it ..... our attention was drawn was that in landaner v. asser (1905) 2 k.b. 184 in which the arbitrators had arbitrated upon certain terms of the contract and the view of lord alverstone c.j. was that the interpretation of those terms was illegal. in explaining the reasons for setting aside the award lord ..... strenuously argued that as the defendants had not carried out plaintiff's instructions, the law applicable to the case was that as laid down in section 211, contract act, and that it was the duty of the arbitrator to follow that law having argued to his own findings. it is, therefore, urged that there ..... had accepted the plaintiff's case. that being so, it was the arbitrator's duty to follow the law as laid down in section 211, contract act. section 211, contract act, reads as follows:an agent is bound to conduct the business of his principal according to the directions given by the principal, or in the .....

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Jul 19 1948 (PC)

D.N. Cooper Vs. Shiavax Cowasji Cambata

Court : Mumbai

Decided on : Jul-19-1948

Reported in : AIR1949Bom131; (1948)50BOMLR718

..... which mr. justice desai in the court below took that the expression 'notwithstanding any law to the contrary' cannot be read to mean also notwithstanding any contract to the contrary.8. the result, therefore, is that inasmuch as the tenant has sub-let the premises without the previous consent of the landlord, he ..... protected and the plaintiff was not entitled to eject the defendant i took the view that section 10 gave the protection to the tenant notwithstanding any contract to the contrary. but the point was not argued and as we have just remarked my judgment proceeded on the concession made by mr. tendolkar.7 ..... tenant to sub-let, rather than in favour of giving the tenant an unrestricted right to sub-let, even contrary to the provisions contained in the contract between the landlord and the tenant.6. our attention has also been drawn to various judgments of single judges which have considered this question. mr. justice ..... such an extent that the legislature intended that he should be given the right to sub-let even though he had no such right under the contract between him and his landlord; and the advocate general wants us to construe section 10 in order to give effect to the tendency of modern legislation ..... what is contained in section 9, and, therefore, the only way to reconcile sections 9 and 10 is that section 10 does not deal with contracts between the parties at all. it only deals with the law as it obtains between the landlord and tenant, and provides for a tenant being able .....

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