Court : Mumbai
Decided on : Aug-18-1955
Reported in : AIR1956Bom106; (1955)57BOMLR1122
..... opinion, with respect, coyajee j., was right in coming to the conclusion that the notice of motion based on the appellant's right under the contract of indemnity was premature. it is somewhat unfortunate that the present insolvency proceedings will have to continue though it is common ground that besides the res-pondent ..... with respect, we agree with the view thus expressed by chagla j. in our opinion, in dealing with the rights and obligations flowing from a contract of indemnity, the court must always ask itself whether the indemnified party has incurred a liability, and if it shown that liability has been incurred and is ..... the existence of a clear enforceable claim against him and is able to show that it is in respect of such a clear enforceable claim that a contract of indemnity has been executed. in this connection, we may refer to the decision of mr. justice chagla, as he then was, in -- 'gajanan moreshwar ..... not as specific and unambiguous as clause 5. but we have no hesitation in holding that, like clause 5, clause 7 also constitutes a contract of indemnity. i have already stated that in regard to a registered firm income-tax has to be paid, not by the registered firm as such, ..... arrears of land revenue. 4. the first point which we have to consider is whether the material clauses in the deed of dissolution constitute a contract of indemnity as alleged by the appellant or not. the appellant relies on two clauses in the deed of dissolution. clause 5 provides that the continuing .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-15-1955
Reported in : AIR1956All25
..... happening of one of the events specified therein is also a term of the managing agency agreement. it cannot, we think, be treated as a separate contract of indemnity as there is no separate consideration for it. the provision for compensation is not a distinct matter but is part and parcel of the agreement as a ..... whole; and it is not therefore in our opinion liable to duty as an indemnity bond.4 and 5. the signature of the managing agent on the contract has not been attested; the obligations undertaken by him cannot therefore come within the relevant part of the definition of a ..... five times the annual remuneration to the managing agent, in case the managing agency came to an end before the expiry of 20 years, amounts to an 'indemnity bond' chargeable under article 34 of the act with a duty of rs. 9/6/-.4. that terms relating to the payment of interest on rs. 50 ..... for the performance of covenants' he recovers the actual damage which he can prove that he has sustained. in either case not only is the bond a contract of a different form and nature from a covenant with a penal clause, but the remedy, upon it, and the amount recoverable for the breach of ..... owner of the property the document is an 'appointment in execution of power', not so the document in question.2. in our opinion the provision in the contract that the company shall pay certain commission and allowances to the managing agent is a mere term of the managing agency agreement, and is not a bond. .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-1955
Reported in : AIR1956Mad261; (1956)1MLJ5
..... waghala rajsanji v. sheikh masludin (1887) l.r. 14 i.a. 89 : i.l.r. 11 bom. 551 (p.c.), which related to a contract of indemnity entered into by the mother of a minor as his guardian in favour of the purchaser agreeing to indemnify him in case the government claimed to enforce their right ..... under the sale deed the privy council held that no personal liability can be fastened on the erstwhile minor as a result of the contract of indemnity. their lordships held that the guardian of an infant had no power to make the minor personally liable with respect to any ..... of reconveyance should be treated as one transaction and that consideration for the reconveyance should be the sale itself. in those circumstances it was held that such contracts can be specifically enforced. if the agreement to reconvey was part of the bargaining which permitted the same as in the present case then the agreement ..... after expressing the opinion that they found it difficult to steer clear of the conflicting decisions placed before them particularly with reference to the validity of executory contracts entered into by a guardian on behalf of the minor because in their opinion the latest decision of the privy council reported in subramanyam v. subba rao ..... contract and observed as follows: it would be a very improper thing to allow the guardian to make covenants in the name of his ward, .....Tag this Judgment!
Court : Chennai
Decided on : Oct-19-1955
Reported in : AIR1956Mad316; (1956)1MLJ344
..... always (except when bonuses have been given by prosperous offices) the same, on the other. this species of insurance in no way resembles a contract of indemnity.10. we have the following exposition of the rights of policy-holders from the master of the rolls in march v. the attorney-general 59 ..... deed. it is therefore clear that the present action cannot be sustained on the ground, that the proposed investment contravenes any of the terms of the contract embodied in the policy. nor can the policy-holders take advantage of the articles of association, to which they were not parties. it is now ..... assuming without deciding it, that they are beneficiaries under the trust as claimed by them. it is conceded that the policies issued embody a mere contract for payment to the insured of the assured amount on maturity, and there is no reference in the policies themselves to articles 110 to 125 of ..... and remain the security of the policy-holders of the company exclusively. article 111 provided that fund shall not under any circumstances be liable for any contracts or liabilities of the company other than those expressly mentioned in article 118. article 112 provided that the directors of the company shall control, administer ..... revised reports 550 at 553.the grantees of the policies contract for a sum of money to be paid on a future event. whatever may be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-09-1955
Reported in : AIR1955AP148
..... them, charge the seller the difference in price as general damages or (b) may recover as special damages the loss of his acutal or anticipated profits, btogether with a reasonable indemnity against the buyer's liasbility to the sub-buyer, and costs reasonably incurred. (1) samble that exceptional profits of a sub-sale are not recoverable, unless the seller, ..... if the defendants had no knowledge of the particular contract they had knowledge of the fact that the oil purchased was required by the plaintiffs for foreign export and therefore, the correct measure was the difference between the two rates ..... annas per maund towards transport charges. mr. lakshmiah, learned counsel for the appellants, contended that the learned subordinate judge having held that the defendants had no knowledge of the plaintiffs' contract with messrs. jenson & nicholson (india) ltd. erred in ginving as damages difference between the two rates, whereas mr. hanumantha rao, learned counsel for the respondents, argued that even ..... transport charges from vijiawada to guntur, claimed the difference as damages from the defendants.(3) the defendants, in their written statement, denied that they committed breach of the contract. they alleged that they got ready sufficient oil to delivery to the plaintiffs at their own factory towards the first consignment of 25 barrels long before the due date for .....Tag this Judgment!
Court : Chennai
Decided on : Dec-16-1955
Reported in : (1956)IILLJ44Mad
..... frace co. (1912) 6 b.w.c.c. 134 ]to constitute a man a principal under this section, the existence of both a head contract and sub-contract is not necessary; the section extends to the case of a man who for the purpose of his trade or business undertakes work on his own ..... upon the employer. sub-clause (2) which gave him a statutory right of indemnity against a contractor applied only to contracts made before the commencement of the act. the effect of this was that, in the case of a contract made after the passing of the act, the employer would not be entitled to ..... liable to pay compensation under the section he is entitled to be indemnified by the contractor. there is in the section no provision relating to sub-contracts which are not uncommon in indian industry. a recent decision of the calcutta high court has made it apparent that no indemnification can be obtained ..... irrigate lands in coimbatore and salem districts. one of the contractors engaged for excavating the channel was the appellant guruswami mudaliar. he had been given a contract for rs. 5,000. on the canal which was being excavated, a palmyra tree was standing. earth had been removed from the bottom on the ..... indemnity arises, five conditions must concur as set out in para. 6 above [s.m. ghose v. national sheet metal works : air1950cal548 ].12. first of all, we have got to see whether the chief engineer, public works department (general), is the principal in this case. where a person who has undertaken by contract .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-16-1955
..... against the owner of the tow by virtue of this clause? the district court refused to allow the third party to invoke the indemnity clause, but apparently held that the contract made the faults of the tug attributable to page 349 u. s. 126 the tow, imposing a vicarious liability upon its owner. ..... against an absent third party exists, and the situation is not different because the absent third party in turn would, if held liable, be entitled to indemnity from the libellant. [ footnote 1 ] 72 f.supp. 50. respondent contends that, in fact, the district court held that the owners of the ..... here involved. but a promise to indemnify is a promise running to the indemnitee, here the tug, and is not ordinarily construed as a contract for the benefit of third parties. nor does an agreement to hold another harmless against claims of third parties, if it conveys anything more than ..... the clarity of the language used expresses such to be the understanding of the contracting parties. even when such a clause undeniably alters the normal relationship between tug and tow as to some aspects of liability for negligence, it ..... part in the consideration or decision of this case. mr. justice frankfurter, concurring. "release from liability" clauses generally, and specifically with regard to towage contracts, are not to be applied to alter familiar rules visiting liability upon a tortfeasor for page 349 u. s. 124 the consequences of his negligence unless .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-04-1955
Reported in : AIR1955SC812; (1956)58BOMLR486; 2SCR857
..... remuneration in any form for having brought about the contract. but the contract of employment is not itself declared void, and a claim for indemnity will not be within the prohibition. the question whether contract notes sent by brokers to their constituents are contracts for the sale and purchase of securities within ..... the court below, that the arbitration proceedings are not incompetent and that the award made therein is not void on the ground that the contracts containing the agreement are void. 14. the respondent contested the validity of the award on several other grounds. they were rejected by the ..... depend entirely on the construction of the rules. 13. the relevant rules are nos. 359 to 363. rule 359 provides that 'contracts other than ready delivery contracts shall not be made or transacted within or without the ring'. rule 361 confers on the board power to specify which securities shall ..... to writing and the agreement of the parties thereto is established. though the respondent alleged in her petition that she had not accepted the contract notes, exhibit a, she raised no contention based thereon either before the city civil judge or before the high court, and even in ..... '. 3. the association gave notice of arbitration to the respondent, and called upon her to nominate her arbitrator, to which she replied that the contract notes were void, and that in consequence, no arbitration proceedings could be taken thereunder. the arbitrators, however, fixed a day for the hearing of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-06-1955
..... only contact of the forum was that it was the place of injury. bradford electric light co. v. clapper, supra. conversely, the court held that the place of contract could award compensation though the injury occurred elsewhere. alaska packers association v. industrial accident commission, supra. subsequently, the court held that the forum could prevail, even though the ..... to give an exclusive remedy, even for injuries incurred beyond its borders. but california also had a compensation act which undertook to fix liability on employers, irrespective of any contract, rule, or regulation, a provision which the california courts strictly enforced. the court therefore held that the exclusive nature of the massachusetts act was "obnoxious" to the policy ..... the employee automatically received 34 weekly payments hr the injury under the missouri compensation act, which provides exclusive remedies for injuries received inside or outside the state under employment contracts made in missouri, even as against the general contractor, but there was no final award under that act. the arkansas workmen's compensation act provides an exclusive remedy ..... that the missouri compensation act is not the exclusive remedy against the prime contractor when his contract with the subcontractor is made outside missouri. no such suggestion is made by any of the parties to this litigation. [ footnote 2 ] hogan and his indemnity company, intervenors, were granted a lien on the judgment in favor of carroll for the .....Tag this Judgment!
Court : Orissa
Decided on : Mar-03-1955
Reported in : AIR1956Ori61
..... all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.'the present case is directly covered by illustration (c) which is as follows :'a mortgages land to b, who enters into possession ..... ' applies. therefore when the defendant entered upon possession he was there as a mortgagee and being a mortgagee the plaintiffs have a right to redeem unless there is either a contract between the parties or a merger or a special statute to debar them.'in para 11 of the judgment their lordships observed :'when he purchased under the second sale he ..... all other charges of a public nature, or arrears of rent in default of payment of which the property will be summarily sold, as the provisions are subject to the contract between the parties.but the case is to be governed according to the terms embodied in the very mortgage transaction which imposes a heavy duty on the mortgagee to make .....Tag this Judgment!