Court : Chennai
Decided on : Apr-30-1954
Reported in : AIR1954Mad1101; (1954)IIMLJ639
..... against two persons jointly and severally, each is liable to contribute equally to discharge the decree, and there is always in such cases an implied contract of indemnity that, if one of them should be compelled to pay up more than his share the other is bound to make good the same. this ..... from his quondam partners in their share of the liability, which he has discharged.31. we do not consider that section 43 of the indian contract act confers upon the plaintiff the right which he now contends or prevents the defendant from pleading that the relationship between him and the plaintiff is ..... all ...... the reason for the general rule that no action for contribution by a partner against his copartners will lie applies however only when the contract of partnership subsists, and only to cases where the action for contribution is brought by a partner as such against his co-partner as such..... ..... to any other rights or obligations. no doubt if it should be established that, having reference to the facts of the particular case, such implied contract as between co-judgment-debtors should be deemed to be displaced, then the legal principle may not be applicable ..... again it was open to the ..... decree, as in the present case the rights 'inter se' between the judgment-debtor should be determined and regulated by section 43 of the indian contract act, and that the rules regulating action between partners should either be held inapplicable to such cases, or held modified so as to effectuate justice .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-12-1954
..... limited liability, and the language of that opinion is an illuminating guide here: "now, to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such an ..... the state, in the interest of the public, whose lives and limbs are exposed, to require that the owner in the contract indemnifying him against any recovery from him should stipulate with the insurance company that the indemnity by which he saves himself should certainly inure to the benefit of the person who thereafter is injured." merchants' mutual automobile liability ..... the liability, if any, of the petitioners on their policies in the direct actions could be determined. [ footnote 2/1 ] the business practice of purchasing marine protection and indemnity insurance, the type primarily involved here, to protect the shipowner against this contingency has long been recognized. see testimony of ira a. campbell for american steamship owners' association at hearings ..... had filed in the limitation proceeding pleadings challenging the shipowner's and charterer's right to limit their liability and asserting claims for damages. [ footnote 3 ] the protection and indemnity policy issued by the home insurance company contained the following clauses. "it is agreed that, if the assured, as shipowners, shall have become liable to pay, and shall have .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-12-1954
Reported in : AIR1954SC500; 1SCR439
..... carrying out the directions of the principle. the right to such indemnity is founded on the statutory provision contained in section 222 of the indian contract act which stands as follows : 'the employer of an agent is bound to indemnify him against the consequence ..... , which is an incident of the contract of agency, is not hit by the notification at all and is a matter which is entirely collateral to a forward ..... of 'kanmal kishenmal' and 'kanmal surajmal' respectively and their case is that between september and december, 1945, the defendant entered into several forward contracts for the purchase and sale of bullion through the plaintiffs' firm at indore. these transactions proved unprofitable to the defendant and except a small profit ..... purchase of bullion' the present suit is really not one to enforce any contract relating to purchase or sale of bullion which comes within the prohibition of this notification. it is a suit by an agent claiming indemnity against the principle, for the loss, which the agent had suffered, in ..... contract of purchase and sale, has been held by them as coming within the prohibition of the notification merely on the ground that payment, by the agent to the principal, of the profits of the transaction could be made or demanded at the place where the principal resides. in our opinion the right to indemnity .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-06-1954
..... , however, the court carefully noted that there might be future cases in which the terms of out-of-state contracts would be so repugnant to the vital interests of the forum state as to justify nonenforcement. hartford accident & indemnity co. v. delta & pine land co., supra, at 292 u. s. 150 . see also griffin v. mccoach, 313 u. s. 498 , and cases ..... . nevertheless, mississippi, the state of the forum, was not allowed to enlarge the obligations of a contract elsewhere validly consummated. our more recent cases have not made inroad on the governing consideration in the hartford indemnity case -- that the state which fixes the terms of insurance contracts has interests to be protected by the constitution no less important than has a state which ..... , at 281 u. s. 408 , note 5. the extraterritorial due process doctrine was again applied in hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 . that case denied the power of mississippi to alter terms of an insurance contract made in tennessee. mississippi activities in connection with the policy were found to be so "slight" and so "casual ..... there cited. some contracts made locally, affecting nothing but local affairs, may well justify a denial to other states of power .....Tag this Judgment!
Court : Orissa
Decided on : Dec-02-1954
Reported in : AIR1955Ori49; 21(1955)CLT1
..... collector and on18th may he finally intimated that the licencewould not be issued in the names of all thepartners. in repelling the argument that the contract was void 'ab initio' leach c. j. observed: 'there can be no doubt that on the decisions of this court, the partnership ..... in section 2 as 'every promise and every set of promises forming the consideration for each other'.when an agreement is enforceable by law it becomes a contract. the privy council have heldthat an agreement which is void 'ab initio' isincluded within the expression 'agreement discovered to be void'. see -- 'haranath ..... the agreement. in the letter the plaintiff refers to the 'verbal assurance of the subdivisional magistrate, khurda' and complains of his inability to fulfil the contract without proper authority. on 11th october 1943, the defendant addressed ext. 9(b) to the district magistrate, puri, attaching a bill for rs. 23 ..... prohibition enacted by law and expressly provided for acting in accordance with the requirements of law. nor can it be said that if the contract were to be performed as contemplated it would defeat the provision of any law -- for the agreement expressly stipulates that the defendant should obtain ..... court held: 'the present suit is really not one to enforce any contract relating to purchase or sale of bullion which comes within the prohibition of this notification. it is a suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-29-1954
Reported in : (1954)56BOMLR973
..... most of which may be regulated and some of which cannot be regulated by the contract of the partners themselves. thus, for instance, there is the right of a partner, recognised by section 10 to claim indemnity for any loss caused to the firm by any fraud by the other partner or ..... which renders an agreement in restraint of trade as void under our law provided the restrictions imposed are reasonable.9. section 27 of the indian contract act in broad and comprehensive terms lays down the rule that every agreement by which any person is restrained from exercising a lawful trade or ..... discharge of the defendant's liability to that third party. it was held that the agreement afforded a fresh cause of action based on a new contract, and, therefore, the suit was maintainable. i am in agreement with the view, expressed in both these cases, that such an agreement between partners ..... similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.it was strongly urged that but for this provision the plaintiffs would ..... rights and liabilities of partners. these rights are often of importance when determining the relation of partners inter se. of course, they are subject to contract between the partners, that is, they regulate the relation in so far as they are not varied or negatived by express agreement or course of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-21-1954
Reported in : 24CompCas98(Bom)
..... of proceedings in any court of law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this section.' 11. therefore, under this clause, the insurance company has reserved to itself the power of defending proceedings in respect of any act ..... the insurance company to step into the shoes of the defendant. now, we find it rather difficult to understand or appreciate this argument. if a contract between the parties can permit the court to act in a manner not contemplated by the statute and to permit the insurance company to defend in the ..... the name of the defendant it is said by mr. desai that he only exception that the authorities contemplate is a case where there is a contract between the insurer and the defendant under which the defendant has permitted the insurer to take charge of the proceedings against the defendant; and mr. desai ..... the order would be implementing a specific agreement between the insurer and the insured. i have tried to look for a similar provision in the contract before me. as far as i can see there is none and the only clause that is relied upon is clause (3) of the policy. clause ..... defendant's name and to have the judgment set aside which had already been given against the original defendant. i have not the benefit of the contract which was placed before the learned judge, mr. justice tendolkar, but this particular ground on which lord justice greer based his judgment clearly shows that .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-1954
Reported in : AIR1954Cal453,58CWN488
..... award itself would have to be set aside. in my view, the appeal, while it might be an appeal against the order allowing the claim of indemnity against the appellant, is not such an appeal alone, but also an appeal against the basic order awarding compensation to the workmen. it follows that it ..... an appeal under clause (d) of section 30(1), because the grounds taken were necessary for the purpose of his making out that no order for indemnity should have been made against him, because no order for compensation could be made against the railway. reference was made to the terms of section 12( ..... , the railway and the contractor, took a common ground to the effect that the job which the contractor was required to do in terms of the contract was not the ordinary trade or business of the railway. this contention was obviously raised in order to avoid the operation of section 12(1) of ..... section, but an appeal under clause (d). the latter clause runs thus : (d) 'an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12.'7. it was contended that the present appeal being an appeal by a contractor and it being ..... ram, who is respondent no. 2 before us, employed under the appellant and engaged in work which the appellant was doing for the respondent railway under a contract with that body. the respondent no. 2 suffered a personal injury by accident and claimed compensation from respondent no. 1, the railway. thereafter, at the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-09-1954
Reported in : AIR1955P& H113
..... millers insurance co. ltd.', 1915 ac 499 (b), is a classic example of this kind of repudiation. in this case a claim was made for indemnity for the loss of goods by fire under a policy the conditions of which provided (1) that if the claim were fraudulent or if the loss ..... as pointed out by lord sumner in- macaura v. northern assurnace co., 1925 ac 619 at p. 631 (a), 'the defendants could not both repudiate the contract 'in toto' and require the performance of a part of it which only became performable when liability was admitted or esta-' blished'.the case -- 'jureidini v ..... , or by omitting to demand arbitration within a reasonable time, or by obstructing or delaying the arbitration proceedings, or by repudiating liability under the principal contract.5. now an insurance company may repudiate its liability under a policy in two different ways. it may, for example, deny all liability under the ..... arbitrator appointed in accordance with the terms of the contract. it is equally clear that when the parties agree to submit their disputes to a domestic tribunal of their own choice, and when arbitration ..... been exercised in accordance with recognised judicial principles.4. it is an accepted principle of law that it is open to the parties to a contract to agree in advance that no right of action shall arise thereon until the matters in controversy have been referred to and ascertained by an .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-1954
Reported in : AIR1955Bom39; (1954)56BOMLR1016; ILR1954Bom1422
..... the learned judge and pass the following order: liberty to the appellants to defend the suit in the name of the defendant. the appellants to give an indemnity indemnifying the defendant against any order for costs of the suit being made against him.8. costs of the motion and the costs, of the appeal costs ..... too narrow a view of the powers of the court to assume that the english, court would have been helpless if such a provision in the contract was not to be found and if the court had taken the view that in the interests of justice the insurance company should be allowed to defend ..... the insurance company to defend in the name of the defendant? surely the interests of justice should stand on a higher pedestal than the mere sanctity of a contract. as we shall presently point out, as far as the decision of this court is concerned, it is clear that the view taken by this |court ..... to the insurance company to step into the shoes of the defendant. now, we find it rather difficult to understand or appreciate this argument. if a contract between the parties can permit the court to act in a manner not contemplated by the statute and to permit the insurance company to defend in the name ..... in the name of the defendant? it is said by mr. desai that the only exception that the authorities contemplate is a case where there is a contract between the insurer and the defendant under which the defendant has permitted the insurer to take charge of the proceedings against the defendant; and mr. desai says .....Tag this Judgment!