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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1949 Page 1 of about 196 results (0.037 seconds)

May 13 1949 (PC)

Govinda Mohapatra Vs. T. Venkatakrishnayya and ors.

Court : Orissa

Decided on : May-13-1949

Reported in : AIR1950Ori6

..... interest whatever it may be whether the price be settled by private bargain or determined by public competition together with an indemnity against the encumbrances affecting the land. the contract of indemnity may be express of implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... cannot be held entitled to a debtor's relief. where however the subsequent purchaser has to pay with the result that he fulfils the indemnity condition of the mortgagor and is in the ultimate end entitled to call upon the mortgagor to compensate him for the payment to mortgagee in ..... his judgment with the observation :'if the contention of the appellant in this case were accepted it would amount to the terms of the contract between the parties being altered and the benefit of the alteration would not be going to the person for whose advantage the legislature enacted it ..... be invalid, the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete. he cannot pick up ..... more than a contract of indemnity. the purchaser takes the property subject to the burden attached to it. if the encumbrances turn out to .....

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Mar 21 1949 (PC)

Sri Raja Velugoti, Sarvagna Kumara Krishna Yachenda Bahadur Garu and O ...

Court : Privy Council

Decided on : Mar-21-1949

..... decree of the court of the subordinate judge of nellore dated 3lst october 1940. [2] the first question for determination is whether under a contract of indemnity dated 25th august 1910, the appellants are liable to indemnify respondent 1 for loss sustained by him in connection with a certain purchase. in ..... register the sale deed according to law. [16] as, in their lordships' opinion, the loss buffered by respondent 1 is not covered by the indemnity bond, it is not necessary to determine the validity of further defences raised by the appellants, namely, that their liability under the bond was discharged ..... in respect of the losses that may be sustained by you thereby, pay the decree amount relating to the said past profits. this is the indemnity bond caused to be written by ammanamanchi venkata narasimbayya in venkatagiri, and delivered with our (my) consent." 15 the risks incurred by anyone purchasing ..... held them liable and passed a decree against them for the full amount claimed. they held that the plaintiff had fulfilled the terms of the indemnity bond, and accordingly they dismissed the appeal of defendants 1 to 3 (appellants) and allowed the cross-objections of the plaintiff (respondent 1). ..... on 30th january 1939, the purchaser (the present respondent 1) instituted the present suit in the court of the subordinate judge, nellore, to enforce the indemnity bond, and to recover a sum of rs. 53,737-5-10 from the surety (the present appellants) as the representatives of the maharaja of .....

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Dec 23 1949 (PC)

Mt. Radha Kunwar Vs. Ram NaraIn and ors.

Court : Allahabad

Decided on : Dec-23-1949

Reported in : AIR1952All587

..... facilities to the j. d., had forfeited all its rights & remedies against jhanku lal, the surety, under section 135, contract act, &, lastly, that the bond itself was not in the nature of an indemnity bond but a deed of guarantee, & the plff., in that view, was not entitled to any decree in the present suit ..... the document dated 7-11-1932, should be taken as, a deed of guarantee & not a mere indemnity bond.9. as regards the second question, the argument seeking to invoke the aid of section 135, contract act is, in our opinion, based on an obvious misconception. the court below approached the question from a ..... that the bond dated 7-11-1932, was, on its true interpretation, a deed of guarantee & not an indemnity bond, (a) that the plffs. were not entitled to a decree in view of the provisions of section 135, contract act, & (3) that the suit was time-barred. we propose to deal with these questions seriatim.8. ..... one of the questions argued in this case is about the interpretation of this bond executed by jhanku lal. the question is whether it was purely an indemnity bond, as held by the court below, or a deed of guarantee, as maintained by the learned counsel for appellant before us.5. the suit ..... in-our opinion, was only an act of forbearance within the meaning of section 137 of the act & not an instance of giving time under a 'contract' within the meaning of section 135 thereof.10. as regards the third question, the learned civil judge held against the deft.-applt. on the ground that, .....

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Dec 19 1949 (PC)

Govindram Gordhandas Seksaria Vs. the State of Gondal

Court : Mumbai

Decided on : Dec-19-1949

Reported in : (1950)52BOMLR450

..... think that the words extend to any obligation which is an effective bond in law. certainly the common law of england afforded a right of indemnity to one who had paid 'under compulsion of law,' against the true obligor without limiting the circumstances in which the latter's liability had arisen ..... company, his co-plaintiff in the suit, the sum of money which he would certainly have to make good to it unless it could obtain indemnity from the maharajah or the trustees direct.13. it is now necessary to consider what are the rights of the company. in their lordships' ..... seksaria. indeed it was on their representation that the assessment of the mills was reduced.16. the result is that section 69 of the indian contract act affords to the appellant company an additional right of recourse against the trustees, since its discharge of the outstanding taxes exonerated the trustees who ..... that date to treat the maharajah as having repudiated his obligation and to take what measures were open to him to prevent this breach of contract bringing about a forced sale of the purchased mills in realisation of the municipality's charge. the monies required were provided by the appellant company ..... to reproduce in compendious phrases the precise doctrines of the english law of contract. but the general purport of the section is reasonably clear : to afford to a person who pays money in furtherance of some existing interest an indemnity in respect of the payment against any other person who, rather than .....

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Dec 19 1949 (PC)

Govindram Gordhandas Seksaria and Another Vs. State of Gondal by His H ...

Court : Privy Council

Decided on : Dec-19-1949

..... lordships think that the words extend to any obligation which is an effective bond in law. certainly the common law of england afforded a right of indemnity to one who had paid "under compulsion of law" against the true obligor without limiting the circumstances in which the latter's liability had arisen. ..... company, his co-plaintiff in the suit, the sum of money which he would certainly have to make good to it unless it could obtain indemnity from the maharajah or the trustees direct. 13. it is now necessary to consider what are the rights of the company. in their lordships' ..... to mr. seksaria. indeed it was on their representation that the assessment of the mill was reduced. 16. the result is that s. 69, contract act, affords to the appellant company an additional right of recourse against the trustees, since its discharge of the outstanding taxes exonerated the trustees who were ..... court, he considered that there was no difficulty in giving judgment for them both against the maharajah. as to the trustees, they had made no contract with either of the plaintiffs and he saw no ground of action against them. 6. both sides appealed from this decision. the high court sitting ..... to reproduce in compendious phrases the precise doctrines of the english law of contract. but the general purport of the section is reasonably clear: to afford to a person who pays money in furtherance of some existing interest an indemnity in respect of the payment against any other person who, rather than he .....

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Nov 07 1949 (FN)

Boyd Vs. Grand Trunk Western R. Co.

Court : US Supreme Court

Decided on : Nov-07-1949

..... provisions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was ..... shall be to enable any common carrier to exempt itself from any liability created by this act shall, to that extent, be void. . . ." the contract before us is therefore void. any other result would be inconsistent with duncan v. thompson, 315 u. s. 1 (1942). that opinion reviewed the legislative history ..... have considered the issue have reached conflicting results. [ footnote 3 ] we agree with page 338 u. s. 265 those courts which have held that contracts limiting the choice of venue are void as conflicting with the liability act. section 6 of the liability act provides that, "under this act, an ..... superior court of cook county, illinois. to enjoin petitioner's prosecution of the illinois case, respondent instituted this suit. the michigan circuit court held that the contract restricting the choice of venue was void, and dismissed the suit. the michigan supreme court reversed, 321 mich. 693, 33 n.w.2d 120 (1948 ..... a state court of michigan to enjoin petitioner from prosecuting a federal employers' liability act case against it in illinois, the trial court held that a contract restricting the choice of venue was void, and dismissed the suit. the michigan supreme court reversed. 321 mich. 693, 33 n.w.2d 120. .....

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Nov 01 1949 (PC)

Ramamurthi Ayyar and ors. Vs. Kuppuswami Ayyar

Court : Chennai

Decided on : Nov-01-1949

Reported in : AIR1950Mad621

..... therefore, hold that when the document was executed defendant 1 was a minor and, therefore, he could not be personally made liable for the covenant on the indemnity. 8. in view of our findings the other questions raised by the parties would not arise for consideration. in the result a. s. no. 371 ..... and, therefore, we hold that the debt is not a avyavaharika debt. the plaintiff would, therefore, be entitled to recover damages for breach of covenant of indemnity against the interests of the defendants in the joint family property. 6. the learned. judge found that the plaintiff would be entitled to recover a sum of ..... 1942) mad. 502 : a. i. r. 1942 mad 183 should have been the other way. it cannot also be presumed that when the father gave an indemnity he was doing either a grossly unjust act or a flagrantly dishonest act. indeed he was trying to be honest and straight, forward in his dealings with the vendee ..... in accordance to the rank assigned to them in the suit. 3. two questions arise in the appeals. one is whether there is a clause of indemnity in the sale deed. the other is whether the liability to indemnify is a avyavaharika, debt as understood in hindu law. the first question depends ..... defendants. the plaintiff filed a. s. no. 371 of 1946 against the judgment of the lower court denying his right for damages on the covenant of indemnity whereas the defendants preferred a. s. no. 411 of 1946 against the decree of the lower court claiming the full amount of their counter claims. for .....

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Mar 30 1949 (PC)

Jhamman Singh Vs. Ratan Lal and ors.

Court : Allahabad

Decided on : Mar-30-1949

Reported in : AIR1949All480

..... by the transferee for compensation against the transferor in respect of the damage suffered by him in consequence of his dispossession from the leased property on the basis of an indemnity clause in deed was governed by article 116 and not article 62, limitation act.8. the lower appellate court was, in my opinion, therefore, right in applying this article 116 ..... act, observed that:this was, in our opinion, a suit which was governed by article 116 of schedule ii, being in substance a suit for compensation for breach of contract, namely, the contract to deliver possession and pay the amount secured by the bond in case of default of delivering possession.the same was the position taken in the case of ode ..... counsel for the appellant, would apply depends entirely on the nature of the suit. if the suit were only for recovery of the purchase price on the ground that the contract had been discovered as void, surely the proper article applicable would have been article 62, as it would have been obviously a case of a suit for money had and ..... 'upon an existing consideration, which afterwards fails'. this article, according to his contention, would apply only in cases where there was an existing consideration which would be only if the contract was initially valid. he, however, urged that the article applicable to the case was article 62, limitation act, the suit being one for recovery of money had and received by .....

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Nov 17 1949 (PC)

Sri Ram and anr. Vs. Harbans Lal and ors.

Court : Allahabad

Decided on : Nov-17-1949

Reported in : AIR1952All399

..... the costs of the respondent. the learned judges observed:' if he (the receiver) wanted to safeguard his personal interest he should have obtained an indemnity from the creditor or other person in whose interest he was starting the litigation. 'it is clear, therefore, that no principle of general application ..... position, to our mind, is quite simple. the decree under execution was obtained, as mentioned above, in consequence of the fact that a contract for sale entered into by the official receiver in respect of the sale of two shops to one raghubir saran fell through. the receiver was ..... be personally liable and he must be deemed to have represented the estate of the insolvents both at the time of his entering into the contract and at later stages when he defended the suit instituted by raghubir saran. in this view of the matter, the objections filed by the ..... under these circumstances, any claim which could be established by raghubir saran or his representatives against the receiver in connection with the contract or failure of the contract could be made good out of the property of the insolvents in the hands of the receiver. the official receiver himself would not ..... official receiver was appointed the receiver-in-insolvency of the property of the insolvents, while insolvency proceedings were continuing, one raghubir saran entered into a contract with the receiver for the purchase of two shops which belonged to the insolvents for a sum of rs. 6,000. subsequently, in pursuance of .....

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Oct 27 1949 (PC)

Abasand Oils Ltd. Vs. Boiler Inspection and Insurance Co. of Canada

Court : Privy Council

Decided on : Oct-27-1949

Reported in : AIR1950PC39

..... stated. the terms are as follows: "(a) in consideration of the premium the company hereby" agrees to pay the assured $ 1000, herein called the daily indemnity, for each day of total prevention of business on the promises described and located at waterways, near macmurray, alberta, caused solely by an accident... to an ..... was made, and later the defendant agreed to continue the insurance and a binder was issued to brown confirming this arrangement. it is upon the contract of insurance so entered into that the action was brought. 5. the policy in question contained two covers. firstly a direct insurance of the building ..... binder. in these circumstances it is not necessary for their lordships to express an opinion as to whether the binder constituted a fresh contract or was as the learned judge and the majority of the court of appeal in alberta thought merely a continuation of the original insurance. in ..... either case a contract of insurance existed which covered the plaintiff during the month of november. 10. secondly, it was maintained by the respondent that the prescribed ..... respondent that the original pleading did not rely upon that document. the binder, it was said, constituted a fresh contract of insurance and it was not permissible to rely upon the contract contained in it by way of reply. it would, it admitted, have been possible to amend the statement of .....

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