Court : Chennai
Decided on : Apr-01-1953
Reported in : AIR1954Mad508; (1953)IIMLJ504
..... encumbrances the vendor gets the price of his 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 or implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a ..... attention to a recent decision reported in -- 'official assignee, madras v. naiayana mudaliar', (b), where it has been held that a suitwould lie against an undischarged insolvent for a debt contracted by him subsequent to the insolvency. unless barred by other provisions of any other statute, there is nothing in the provisions of the presidency towns insolvency act which prohibits an ..... got what he bargained for. his indemnity is complete. he cannot pick up the burden of which the land ..... contract of indemnity. the purchaser takes the property subject to the burden attached to it. if the encumbrances turn out to be invalid, the vendor has nothing to complain of. he has .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-28-1953
Reported in : AIR1954Kant145; AIR1954Mys145
..... claim from the highest bidder, sriranga setty, and that the plaintiff and sriranga setty had unreasonably refused to give such an indemnity. they further contended that there was no privity of contract between the plaintiff and the defendants and that as such the plaintiff was not entitled to claim the suit amount. 4. ..... . k there was no possibility of any claim being made by him against the corporation and as such there was no question of his giving an indemnity bond in the matter. nor can the plaintiff be required to give such a bond. if the defendants insisted on such a meaningless bond, which in ..... and registration charges, etc. there is therefore no substance in the contention relating to privity of contract. 6. it was next urged by mr. ekambaram that the plaintiff or sriranga setty might easily have executed the indemnity bond demanded of them when the defendants would have executed a sale-deed in favour of the ..... the municipal commission dated 24-6-48 to the effect that the sale-deed may be executed in favour of the plaintiff on his executing an indemnity bond as a safeguard against any possible claims by sriranga setty or his heirs. this evoked a reply from the plaintiff as per ext. viii ..... necessary bond in their favour. the plaintiff wrote back to say that he was standing by his statutory notice. sriranga setty also refused to execute an indemnity bond as required by them. the defendants again wrote as per ex. ee on 8-7-48 to the plaintiff's counsel forwarding a resolution of .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-25-1953
..... of the latter, "in the united states, this obligation has been recognized consistently as an implied provision in contracts of marine employment. created thus with the contract of employment, the liability, unlike that for indemnity or that later created by the jones act, in no sense is predicated on the fault or negligence of ..... attempts to draw into control of its law otherwise foreign controversies, on slight connections, because it is a forum page 345 u. s. 591 state. hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 ; home insurance co. v. dick, 281 u. s. 397 . the purpose of a ..... of american law in this case, for it appears beyond doubt that this owner is a dane by nationality and domicile. 5. place of contract. -- place of contract, which was new york, is the factor on which respondent chiefly relies to invoke american law. it is one which often has significance in ..... litigation, and depend not upon fault or negligence, but only on the fact of injury and the extent of disability. our own law, apart from indemnity for injury caused by the ship's unseaworthiness, makes no such compensation for such disability in the absence of fault or negligence. but, when such ..... ships. the montapedia, 14 f. 427; the elswick tower, 241 f. 706. the contention is without merit. we do not think the place of contract is a substantial influence in the choice between competing laws to govern a maritime tort. 6. inaccessibility of foreign forum. -- it is argued, and particularly .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1953
Reported in : AIR1954Cal409
..... partner from prosecuting his action in the name of the firm or the stay has to be limited to such time as the suing partner furnishes the indemnity and security and decided cases are silent on the point what happens if no security is furnished at all. such a stay is in my view ..... eleventh edition of lindley's famous work on partnership lays down not only the principle of permitting the suing partners to continue the action by giving indemnity to the non-suing and non-co-operating partners in the action in the name of the firm but also the practice of staying such an action ..... appeal in -- 'johnson v. stephens & carter ltd.', (1923) 2 kb 857 (e), where atkin l. j. speaks with approval of the principle of indemnity as condition precedent as a general rule with the exception of the case where the dissenting partner has in breach of his duty to the plaintiff colluded with the defendant ..... co-partners and the procedure adopted by courts has been to stay the action until the partner bringing the action has given his co-partners a full indemnity coupled with security against all costs charges or liability by reason thereof. the annual practice in notes under order 48a, rule 1 of r. s. c ..... to realise and enforce such indemnity. after all the firm or the partnership is not a legal entity like a corporation or a joint stock company but is merely a compendious name for a group of persons called partners. if the majority of such partners by their very contract of partnership have stipulated that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-07-1953
..... as a third-party defendant, alleging that the injury resulted from the contractor's negligence and claiming recovery against the contractor by way of contribution or indemnity. a jury found that the ship was unseaworthy, that both the shipowner and the contractor were negligent, and that the plaintiff's own negligence had ..... employed as a part of the ship's crew. the government superintends the engagement and discharge of seamen and apprentices and the terms and execution of their contract, and provides for their presence on board at the proper time. 545, 561, 565. a master and the vessel are subject to penalties for taking ..... , and the claimant was sent aboard by his employer, under whose direction he worked. it does not seem to me that one who hires a contracting firm to put his ship in seaworthy condition guarantees that it is in seaworthy condition before the work starts. if everything were ship-hape, he would ..... the osceola, supra, 189 u.s. at 189 u. s. 171 , this was adopted into our maritime law from british legislation wherein, "in every contract of service, express or implied, between an owner of a ship and the master or any seaman thereof, there is an obligation implied that all reasonable means ..... . but hawn was not a crew member. he was not employed by the ship. the ship's crew were not his fellow servants. having no contract of employment with the shipowner, he was not entitled to maintenance and cure. the fact that sieracki upheld the right of workers like hawn to recover .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1953
Reported in : AIR1954Bom148; (1953)55BOMLR874; ILR1954Bom296
..... object destroyed. this is the crucial date; for if he had then no interest, he can have suffered no loss, and is therefore entitled to no indemnity.'therefore, according to this learned author, the crucial date as far as insurable interest is concerned is the date of 'the loss, and it is not ..... at p. 27 he points out:'although the subject-matter may, in fact, have been destroyed by fire at the date of effecting the insurance, the contract may, nevertheless, in some cases be valid, and operate to indemnify the assured notwithstanding such destruction; for there is no objection, on principle, to a ..... retrospective insurance, provided that the assured had, in fact, at the date of the loss, an insurable interest.'further on (p. 28): '....to render a contract of this kind valid, itis necessary to establish the following facts,namely: 1. that both the assured and the insurers should be ignorant of the loss at ..... the parties, and it is clear that primarily the intention should be gathered from the document itself which is the repository of the terms of the contract.when we look at the cover note itself, as already pointed out, it is clear that the insurance company intended that the risk should attach not ..... were ignorant whether the goods were in existence or destroyed, no question of a mistake arises which would attract the application of section 20 of the contract act.9. it may also be pointed out, as has been explained by the authorities, that it is not necessary expressly to state in a .....Tag this Judgment!
Court : Chennai
Decided on : Aug-20-1953
Reported in : AIR1954Mad636
..... in no case to which we have been referred has a person, who did not know english, been held irrevocably bound by an insurance contract without the examination as a witness of the person who interpreted the questions to him and recorded the answers. in this connection in the ..... company of placing before a court all the evidence in its possession without reserve. in the present case, the insurance company having obtained this contract from a man now dead, has sought to enforce it literally, taking it by itself to the exclusion of all other contemporaneous circumstances. liability ..... decision. the privy council reversed the high court's decision, lord simmer's judgment taking the view that since the parties imported the statement into their contract presumably they thought it material. that was a case in which the animal was clearly misdescribed by the insured himself. 16. in -- 'thomson v. ..... to repudiate only on the ground that the disclosure or non-disclosure of a material fact has been fraudulently made. a contract of life insurance has been called one 'uberrimae fidei' in which the insurer is entitled to be put in possession of all the material ..... the insurance act prescribes a statutory period of two years within which however it is open to the insurance company to repudiate liability on the contract on the ground of false and inaccurate information furnished by the assured in these statements, though after this period the insurance company is entitled .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-27-1953
..... substantially along these lines, did the district court, and it proceeded to hold the underwriters liable. the court of appeals assumed that the "labyrinth of verbiage, within which lurks whatever contract was made, is to be understood to agree that, although the ship might at the time be under the 'restraint of princes,' the policy should cover her loss. . . ." but it ..... so as to make it mean what the expert in the district court said it meant [ footnote 7 ] -- which, on its face, it cannot mean -- would be to reform the contract, and that the requirements of the equitable doctrine of reformation are not met in this case. page 345 u. s. 436 we thus read the provisions of this policy as ..... of lloyd's evokes a sympathetic echo. "freight insurance entered into on the old form of marine insurance policy with deletions or additions to adapt the form to the intended contract [has] almost invariably given rise to difficulties, and the present case [is] no exception." mr. justice sellers in atlantic maritime co. v. gibbon, in atlantic maritime co. v. gibbon, [1953 .....Tag this Judgment!
Court : Orissa
Decided on : Aug-04-1953
Reported in : AIR1954Ori17
..... unless it is expressly forbidden by law, or the court regards it as immoral or opposed to public policy. under the english law of contract, a contract whereby a marriage is brought about in consideration of money payment is held to be illegal as marriage should be free union of the couple. ..... for paying him a reward if the defendant undertook to assist her in getting married by means of introductions to gentlemen. the plaintiff terminated the contract and sued for recovery of the amount advanced by her. it was found that the defendant had taken certain steps and incurred some expenses towards ..... money paid to him in consideration of a promise made by the defendant that the latter would give the plaintiff his sister in marriage. the contract was broken and the girlwas married to another. the referring judge doubted whether the english law on the subject can be considered applicable to this ..... opinion that the agreement was not opposed to public policy, to which opinion the learned district judge gives his silent approval, but he denounced the contract as immoral as there was a great disparity in age between the bridegroom and the bride. i am not convinced by this reasoning of the district ..... the certa verba -- called the nirbandha and received money consideration from the plaintiff.9. the plaintiff's claim is resisted mainly on the ground that the contract is opposed to public policy as such transactions, if upheld by courts, would, lead to sale of girls for a price; and secondly on the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-23-1953
Reported in : AIR1953SC205; 4SCR913
..... continued existence of the agreement so as to enable shankar bux singh to hold ganga bux singh to its performance. the continued existence of the contract was in contemplation of the parties and so far as ganga bux singh is concerned it was at no stage contemplated that he could forego the ..... itself provided what was to happen if payment was not made in accordance with the terms thereof. if ganga bux singh failed to perform the contract shankar bux singh was to have the power to have the same performed by ganga bux singh through court. this consequence could not be contemplated if ..... commissioner, sitapur, for sanction of the members of the board of revenue and that ganga bux singh thus failed to perform his part of the contract. this finding also was not challenged before the chief court of oudh and could not be challenged before us. 10. the question therefore which falls ..... dated 7the may, 1937. he denied that the will was executed in consideration of the agreement. he also denied that there was any contingent or conditional contract or any trace of the alleged condition in the whole of the correspondence between shankar bux singh and the board of revenue. 6. the learned civil ..... respect of the testamentary disposition in favour of ganga bux singh and his sons because ganga bux singh failed to perform his part of the contract as regards the payment of monthly allowance and the defendants therefore could not take advantage of or claim any benefit under that testamentary disposition and .....Tag this Judgment!