Court : Kolkata
Decided on : May-16-1952
Reported in : AIR1952Cal740,56CWN685
..... . 111,'this business, when carried on for the sake of profit, may, no doubt, in borne sense of the word, be called a trade. but contracts of indemnity made by insurers can scarcely be considered trading contracts, nor were insurers who made them held to be 'traders' under the english bankruptcy laws; they have been made subject to those laws by special description ..... jute mills association printed forms, and the defendant agreed to sell b-twill bags (jute goods), october-december 1949 delivery. on 28th september 1949, the plaintiff made three cross contracts (settlement contracts as they are usually called) with the defendant to sell back the goods to the defendant, delivery october-december 1949, and agreed to pay the difference at certain rates on ..... most important question in both appeals related to the distribution of legislative powers between the parliament of canada and the legislatures of the provinces, and the question was whether the contracts of insurance came within the words 'property and civil rights' or 'eegulation of trade and commerce'. on the part of the respondent it was argued that the ontario act in ..... , or has control over, a godown and other means and equipments necessary for the storage and supply of jute goods. section 3 gives power to the provincial government to prohibit contracts relating to jute goods futures. that section provides that the provincial government may, from time to time, if it so thinks fit, by notification in the official gazette, prohibit .....Tag this Judgment!
Court : Chennai
Decided on : Aug-08-1952
Reported in : AIR1953Mad296; (1952)2MLJ797
..... plaintiff he was not entitled to any damages; he was only a broker, and the indemnity. in analysing the transactions between the parties we have already pointed out that at the date of each contract, there was a determination of the liability under the previous contract and a fresh contract to sell i.e., to sell for ready delivery. after the last of those ..... any time thereafter had the plaintiff a right to carry over, (2) even if such a contract could be spelled out, it was illegal and unenforceable in law, and (3) since the plaintiff's claim was that of a broker, based on a right to indemnity, in the absence of proof of loss sustained by the plaintiff, he was not entitled to ..... contracts, 25 and 26, the plaintiff proved he bought in shares to cover the contracts that had been entered into by the defendant. though there was reference to a right to indemnity in the plaint, the real nature of the transactions between the parties, in our view, was to ascertain ..... the liability of the parties at each stage. that itself was accepted by both the parties and that led to a fresh contract at each stage. the appeal fails and is dismissed with .....Tag this Judgment!
Court : Chennai
Decided on : Apr-01-1952
Reported in : AIR1953Mad3; (1952)IIMLJ270
..... be construed as ejusdem generis.24. in order to establish that the extinguishment of liability for any reason whatever cannot be had by means of a contract like the one in question, learned advocate for the respondents brought to our notice a decision in the stranne, (1937) p. 130'. in that ..... carrier of any responsibility. such a clause, according to english law is not opposed to public policy and is valid and section 23 of the indian contract act has no application. we may say in this connection that the. decision in -- 'kariandan kumber v. the british india steam navigation co.', 38 ..... over the earlier clause. that is, their lordships are of opinion that though it is open to a shipowner to exempt himself from liability by contracting mat he would not be liable for any loss whatever even arising out of negligence, if another clause restricts exemption from liability only it reasonable ..... of 1925 would not apply. we are also of opinion that if the english common law applied then sections 151 and 152 of the indian contract act cannot affect the liability of the common carrier.16. now the important question arises as to whether the exemption clause which makes the carrier ..... acts defines "goods" as follows:"goods include goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of the carriage is stated as being carried on deck and is so carried."the appellants contend that the bags of beedi leaves in question being carried .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-07-1952
..... m. e. s. authorities, the appellant received by way of accommodation rs. 3,200/-from the divisional forest officer, nowgong, by executing an indemnity bond on 22-12-45 the relevant portion of which runs as follows: 'i do hereby declare that i shall refund to the divisional forest officer, nowgong ..... option to refuse to start a proceeding for realisation of the amount. 7. mr. bhattacharya's contention has been that the money covered by the indemnity bond is a civil liability and not money due under the forest regulation nor in respect of any forest produce and not recoverable as arrears of ..... if this rs. 3,200/- covered by the indemnity bond be a public demand as described in section 3(6) of the bengal public demands recovery act, 1913 which is applicable to assam, the ..... assam land and revenue regulation. himangshu sekhar purkayastha objected to the realisation of the amount mainly on the ground that the amount covered by the indemnity bond could not be realised as arrear of land revenue as provided under section 75 of the assam forest regulation. his second objection was that even ..... a requisition made by the divisional forest officer, nowgong. 2. the facts leading to this appeal put shortly are as follows: the appellant entered into a certain contract for supply of bamboos to the m. e. s. camp at nowgong and submitted a bill for rs. 6,240/- but before the bill reached the .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-17-1952
Reported in : AIR1954Kant134; AIR1954Mys134
..... so shortly before. in that latter case they would have made counter proposals and the insured might or might not have accepted it and the contract might not have materialised at all. 12. the representation that one company had accepted or refused to accept as normal a proposal on the ..... to verbal enquiries, whether she had effected similar insurances at other office it was held that the policy was thereby avoided as from the nature of the contract, the suppression of any material fact or a false answer to a material question must avoid the policy. 11. 'shivkumar v. north british & mercantile ..... held that when statements made by an insured person in his application for a policy of life insurance are not made the basis of the contract but are to be treated as merely representations, an inaccurate statement is material so as to vitiate the policy if the matters concealed or misrepresented ..... were true and that he agreed that the said proposal and any declaration to be made before the medical examiner should be the basis of the contract between him and the defendant company. these statements are 'prima facie' false. (after discussion of the evidence his lordship proceeded :) it must therefore ..... circumstance vitiated the policy; secondly, that the insured had committed suicide and as the same was within 13 months of the date of insurance the contract under the insurance policy had become void and could not be enforced: and thirdly, that the insured had speculated on his life by insuring for .....Tag this Judgment!
Court : Chennai
Decided on : Apr-24-1952
Reported in : AIR1953Mad425; (1952)2MLJ933
..... any custom or usage to the contrary, in all questions (save questions relating to agricultural land), regarding intestate succession, special property of females, including personal property inherited or obtained under contract of gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihari, lian, khula and mubaraat maintenance, dower, guardianship, gifts, trusts and trust properties and .....Tag this Judgment!
Court : Orissa
Decided on : Sep-03-1952
Reported in : AIR1953Ori3; 19(1953)CLT81
..... is based on public policy and enacted in the interests of a large section of the public and should be given effect to notwithstanding any contract to the contrary, i would hold that a decree passed by a court in contravention of that provision is without jurisdiction to the extent of ..... is no provision in the orissa money lenders act declaring as unlawful a contract entered into by a debtor with the creditor in contravention of any of the provisions of the act, the terms embodied in the compromise petition, ..... executed would be to defeat the very purpose for which that provision was enacted, viz., to relieve the debtor from the rigorous terms of any contract which he might have entered into with the creditor whether in a compromise petition or otherwise.13. mr. rao, thereupon urged that inasmuch as there ..... debtors, especially agriculturists, who form the bulk of the population. this was the main reason why the court is prohibited from enforcing any term of contract between a debtor and creditor which offends the provisions of sub-section (1) of section 10. doubtless, the court which passes a decree is not ..... indebtedness and the consequent economic upliftment of a very large section of the public. it was in pursuance of this public policy that, notwithstanding any contract between an individual debtor and a creditor, the legislature in section 9 of the orissa act expressly prohibited a court from passing a decree for .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-29-1952
Reported in : AIR1953Cal263,56CWN875
..... quotations from certain individual firms and placing reservation orders had particularly been resorted to, because the leisurely procedure of inviting cpen tenders by means of advertisements and concluding formal contracts through the indian stores department was wholly out of place during the emergency of the war when quick supplies of enormous quantities of stores were needed for urgent military purposes ..... in this procedure so far as appropriations were concerned and it increased towards the latter part of the period of conspiracy when the reservation orders came to contain a 'break contract' clause which expressly authorised phillips to cancel an order at his pleasure, the contractors willingly submitted to it, because they knew that the system had been devised in the ..... the direct purchases by himself possible and conferred on them an external appearance of regularity. these reservation orders or copies of them were never sent to the higher authorities, although contracts of their value could only be made by the indian stores department or, in rare cases, by phillips under authority delegated by them. the method followed was that after ..... came to be the person who handled the business with the contractors in the first instance, selecting firms to be included in the approved list and recommending firms to which contracts for supply might be given. as all business relating to purchases was transacted through him and all relevant papers passed through his hands, he had to be taken into .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-04-1952
Reported in : AIR1953Bom396; (1953)55BOMLR485
..... be read as if the said article referred to goods of any class instead of to any particular goods. therefore, this article enables two contracting parties to contract out of the rules in respect of the carriage of any class of goods provided two conditions are fulfilled: (1) that no bill of ..... standard cloth and who represented the textile commissioner. in the course of these interviews oral instructions were given to him as to how the contract was to be carried out, and those instructions were that tile textile commissioner would issue instructions to mills to inform the plaintiffs when goods ..... me, which is uncontradic-ted, is the evidence of mr. vaidya who was the genera! manager of the plaintiffs and who negotiated the present contract with the textile commissioner of bombay. in his evidence he states that he had several interviews with mr. hafiz ahmed who was the director ..... it seems to me impossible to urge that the phrase 'from the moment at which a holder of the same', qualifies both the categories of contracts which i have set out above. it obviously qualiffes bills of lading or other similar documents issued under or pursuant to a charterparty, because ..... of lading.'-- these words have not yet been judicially considered in the english courts. the court of sessions, however, construed this definition as meaning any contract of affreightment, however informally made in its inception, the parties to which intend that, in accordance with the custom of that trade, the shipper shall .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-22-1952
Reported in : AIR1953Bom145; (1952)54BOMLR971; ILR1953Bom253
..... not registered according to law, received the purchase-money and delivered possession of the property to the vendee. for a specific performance o! this contract, defendant 1 brought a suit which was dismissed. then the plaintiff sued to recover possession of the property as its owner. it was held ..... necessary registered conveyance had not been executed. the learned chief justice in giving judgment observed (p. 402) :'... here reliance is not placed on the contract of sale alone: there is something more: there is possession and payment o the whole of the purchase-money; and that this makes a material ..... accept the first part of the submission of mr. tarkunde that the words 'notwithstanding anything to the contrary contained in any law, custom or contract' appearing in sub-section (i) of section 94, bombay agricultural debtors belief act have the effect of enabling a court to declare what in ..... urged before the learned district judge was that the opening words of the section 'notwithstanding anything to the contrary contained in any law, custom or contract' govern the words 'any transfer', and that therefore any transfer, whether valid or invalid, could be investigated by the debt adjustment court, if ..... debtors relief act, 1947. that sub-section is in the following terms :'notwithstanding anything to the contrary contained in any law, custom, or contract, whenever it is alleged during the course of the hearing of an application made under section 4 that any transfer of land by a person .....Tag this Judgment!