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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1950 Page 9 of about 179 results (0.059 seconds)

May 11 1950 (HC)

Mt. Jileba Vs. Mt. Parmesra

Court : Allahabad

Decided on : May-11-1950

Reported in : AIR1950All700

..... the actual compromise and not the oral settlement of the terms. the law is the same as in a case of ordinary contract, it depending upon the intention of the parties whether a written contract is necessary to complete the contract or not. the application for compromise does not contain any prayer; it contains only the terms. further it contains terms which have .....

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Sep 27 1950 (HC)

K. Jagannatham Chetty Vs. V. Parthasarathy Iyengar (Dead) and ors.

Court : Chennai

Decided on : Sep-27-1950

Reported in : AIR1953Mad777; (1952)2MLJ385

..... appellate court.8. it is however stated by mr. aravamuda ayyangar relying on section 7 of the act that effect may be given to the words 'notwithstanding any law, custom, contract or decree of court to the contrary', and 'decree of court to the contrary'--would include the decree or order of the appellate court in o. s. a. no. 57 .....

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Mar 07 1950 (HC)

Panchanon Shaw Vs. Satyabandhu Mukherjee

Court : Kolkata

Decided on : Mar-07-1950

Reported in : AIR1950Cal319,54CWN541

..... opinion, the special feature of this case is that the decree in question was a consent decree and although section 31 of the act specially provides that nothing in any contract between a landlord and a thika tenant after the commencement of the act shall take away or limit the rights of the tenant, by implication there is no bar in ..... the case of a contract made, as in the case of this consent decree, prior to the commencement of the act.5. in a proper case, it will be necessary to consider what exact difference ..... , even if in some points it is not in conformity with the act, is not in a broader sense in conformity with the act in the view that pre-act contracts may exist having the effect of barring the provisions of the act.7. the question of whether a consent decree could be set aside under section 9b (3), calcutta house .....

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Aug 11 1950 (HC)

Jogendra Nath Mondal and ors. Vs. Adhar Chandra Mondal

Court : Kolkata

Decided on : Aug-11-1950

Reported in : AIR1951Cal412,55CWN289

..... in the case of tort is to be issued as provided in the specific relief act. all that is necessary is to ascertain first whether under the law relating to contract & tort there is an obligation, a breach of which is threatened, secondly whether the general principles regulating the ground of an injunction relief permit of such remedy under the particular ..... tort is an act or omission giving rise by virtue of the common law jurisdiction of the courts to suffer remedy which is not against contract. it is commonly said to be an actionable wrong independent of contract. in ballison v. guildford, (1874) 18 eq. 359 d + the master of rolls speaking of the principles upon which a court of equity enforces .....

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Oct 10 1950 (HC)

Ram Bali and ors. Vs. State

Court : Allahabad

Decided on : Oct-10-1950

Reported in : AIR1952All289

desai, j.1. ram bali singh, harbans singh and param sukh lal appeal from a judgment of a civil and sessions judge of banaras convicting them under section 302, penal code, and sentencing the first to death and the others to transportation for life. the appellants live in village thana and are said to be friends. the first two are thakurs but no relationship exists between them, and the third is a kayastha. achaibar singh, mukhia of the village, is a collateral of harbans singh and has disputes with him over joint land. the disputes were referred for arbitration of a panchayat consisting of five men. harbans singh claimed the right to nominate all the five panches himself but was made to agree that one panch at least should be nominated by achaibar singh. accordingly harbans singh nominated four panches one of whom was uma shankar while achaibar singh nominated nankoo singh deceased. there is a gram sudhar and panchayat in the village of which param sukh lal was the vice-president and p. w. mohammad akil the secretary. nankoo singh had previougly been a member of the panchayat but was not a member at the time when the occurrence took place. he was, however, a very peace-loving educated man who would try to settle all differences between the villagers. he was respected for this by the whole village. the five panchas met on 26-11-1948, to settle the disputes between harbans singh and achaibar singh but did not succeed; on the other hand, there is evidence that some hot words .....

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Dec 12 1950 (HC)

Suganchand and Co. Vs. Brahmayya and Co.

Court : Chennai

Decided on : Dec-12-1950

Reported in : AIR1951Mad910a; [1951]21CompCas224(Mad); (1951)2MLJ9

..... to be transferred. the rule will have no application where the draft was obtained by the party concerned either for gain in the shape of exchange commission or under a contract for giving accommodation to the prior or any other party or otherwise for commercial purposes generally.' at first sight, this ruling of achhru ram j.may appear to be a .....

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Sep 18 1950 (HC)

Gopalji Maharaj Vs. Shiam Lal and ors.

Court : Allahabad

Decided on : Sep-18-1950

Reported in : AIR1952All125

..... the assertion of a paramount title. indeed, their lordships said:'as a matter of broad general principle, the law of india no longer proceeds upon the notion that where a contract is for an entire sum there is a necessity of reason which prevents a party from recovering anything when his full obligations under a special ..... contract have not been discharged.'11. towards the end of the judgment, their lordships no doubt confined the rule against suspension of rent, only to the particular facts of that case, .....

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Feb 14 1950 (HC)

Shib Charan Lal Vs. Zalim Singh

Court : Allahabad

Decided on : Feb-14-1950

Reported in : AIR1950All530

..... the decree-holder that the debt had ceased to be a a 'loan' on two independent grounds, the first being that the liability had been transferred to another person by contract with the 'successor' of the borrower under the compromise, dated 15th november 1932, that successor being the first mortgagee-auction-purchaser, namely ganesh singh and the second being that the ..... the two classes of oases covered by the exception. no distinction can be drawn between a case where liability for re payment has been transferred to another person by a contract and a case where the transfer of liability results from a sale in execution of a decree.'5. we do not consider it necessary in this position of the law .....

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Feb 28 1950 (HC)

B.K. Biswas and ors. Vs. Phanindra Nath Bagchi

Court : Kolkata

Decided on : Feb-28-1950

Reported in : AIR1951Cal401,55CWN107

..... will be obtained if the tenant pays the rent allowable under the act to the full extent within the time fixed in the covenant or in the absence of such contract on the 15th day of the month following that for which the rent is payable. this provision operates only from the date when the act came into force, namely, the ..... , for if there were arrears necessarily there must be defaults in the sense that the rent in arrears not only has not been paid in due time according to the contract or by the 15th of the month but has not been paid at all. if it was intended by the new act to debar a tenant from being given the .....

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Nov 20 1950 (HC)

Venkanna Narasinha Vs. Laxmi Sannappa

Court : Mumbai

Decided on : Nov-20-1950

Reported in : AIR1951Bom57; (1951)53BOMLR192; ILR1951Bom576

..... different view of the law were taken by us now. the principle of stare decisis is especially important in the case of contracts relating to land.'and in balu sakharam v. lahoo : air1937bom279 :'there are a great many indian cases dealing with the effect of adoption by a widow of a hindu divided ..... that it is not. probably there are at this moment many contracts outstanding in which such a clause relating to deposit has been inserted on the assumption that the law in this presidency is settled & these would all be disturbed if a ..... . r. 1930 bom. 213:'these decisions have established the law relating to such deposits in contracts for the sale of immoveable property. it is important that there should be as little uncertainty as possible in contracts relating to the sale & purchase of land and parties who have contracted on the assumption that the law is settled should not be left to discover later .....

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