Court : Chennai
Decided on : Aug-23-1956
Reported in : (1956)2MLJ544
..... bringing or defending it, he did not contravene the orders of the promisor and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;(3) all sums which he may have paid under the terms of any compromise of any such ..... ) 1 k.b. 104, are referred to as authorities for this addition. thus, it would be clear that the present editors of chitty on 'contracts' recognise that in the case of contracts of guarantee as distinguished from contracts of indemnity the sine qua non of the liability of the surety is the existence of the liability of the principal debtor.30. the decree of ..... the liability of the guarantor or surety.8. turning now to the bond in suit exhibit a-1 we are clearly of opinion that it embodies a contract of guarantee and not one of indemnity. the relevant, clause by which the petitioner undertook his liability runs:it has been settled that if the 1st executant commits any default in paying the amount ..... not affect-the obligation undertaken by the indemnifier which is primary and in several' cases it was the possibility of this non-liability that was the occasion for this contract of. indemnity.7. every contract of guarantee, however, is not a contract of indemnity having this. effect. the nature of the obligation in this type of cases is set out in section 126 as a .....Tag this Judgment!
Court : Chennai
Decided on : Aug-23-1956
Reported in : AIR1957Mad164
..... for this addition. thus, it would be clear that the present editors of chitty on con-tracts recognise that in the case of contracts of guarantee as distinguished from contracts of indemnity the sine qua non of the liablity of the surety is the existence of the liability of the principal debtor.26. the decree of ..... he did not contravene the orders of the promisor and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;(3) all sums which he may have paid under the terms of any ..... by reason of his minority at the tune of the contract7. in this connection it is necessary to draw a distinction between a contract of indemnity thus:"section 124: a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the ..... guarantor or surety.10. turning now to the bond in suit ex. a.1 we are clearly of opinion that it embodies a contract of guarantee and not one of indemnity. the relevant clause by which the petitioner undertook his liability runs:"it has been settled that if the first executant" commits any default ..... indemnifier which is primary and in several cases it was the possibility of this non-liability that was the occasion for this contract of indemnity.9. every contract of guarantee however is not a contract of indemnity having this effect.. the nature of the obligation in this type of cases 13 set out in section 126 as " .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-09-1956
..... footnote 1 ] precludes a shipowner from asserting such a liability. 2. the second is whether the liability exists where a contractor, without entering into an express agreement of indemnity, contracts to perform a shipowner's stevedoring operations and the longshoreman's injuries are caused by the contractor's unsafe stowage of the ship's cargo. for the reasons hereafter stated ..... the ss. canton page 350 u. s. 126 victory in the american coastwise trade under a bareboat charter. as evidenced by letters, but without a formal stevedoring contract or an express indemnity agreement, respondent secured, for that year, the agreement of petitioner, ryan stevedoring co., inc., an alabama corporation, to perform all stevedoring operations required by respondent in its ..... rehearing granted, may 16,1955 reargued october 11-12, 1955 decided january 9, 1956 350 u.s. 124 on rehearing syllabus without signing a formal stevedoring contract or an express indemnity agreement, a stevedoring contractor agreed to perform all stevedoring operations required by a shipowner in the latter's coastwise service. under this agreement, the contractor loaded a ..... harmless or to indemnify the shipowner against liability for injuries to petitioner's employees caused by the shipowner's negligence in whole or in part, the contract would have been valid and indemnity could have been obtained. for the longshoremen's act does not forbid employers under it to make independent agreements to indemnify others. but i think .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-03-1956
Reported in : AIR1957Cal617,61CWN389
..... of 1936 and various appeals and proceedings in connection therewith ..... rs. 10,000-0-0. total 2,29,178-4-3 10. the suit was founded principally upon an alleged contract of indemnity, express or implied in the agreement, flowing from the certificate officer's acceptance of the judgment-debtors' offer of payment of rs. 1,60,000/- in full satisfaction of ..... appeal to that item of claim only and that also on the ground of tort alone. the case of contract has not been urged before us as, apart from other infirmities of the alleged contract, it is difficult to discover in it any contract of indemnity which was essential to support the plaintiffs' claim under that head. we would, therefore, confine our discussion only ..... subordinate judge in support of the claim. the learned subordinate judge held that there was no binding contract between the parties, -- in any event, no contract, enforceable in law, -- and there was not the least warrant for finding, either in law or in fact, any contract of indemnity, express or implied. he further held that there was no tort, committed by or attributable to .....Tag this Judgment!
Court : Chennai
Decided on : Aug-22-1956
Reported in : AIR1957Mad4; 1957CriLJ69
..... ; and if he does so vote, his vote shall not be counted:provided that the directors or any of them may vote on any contract of indemnity against any loss which they or anyone or more of them may suffer by reason of becoming or being sureties or surety for the money.( ..... was the object of the enactment, it follows that the mere carrying out the duties of a director would not amount to "being concerned to any contract or arrangement" within section 91-a or section 91-b, indian companies act. in this connection i will only repeat that the expression "interest in ..... which they possess to appoint committees of themselves and delegate their powers to those committees. in my judgment, therefore, the appointments in question were not contracts within article 93, and therefore mrs. foster was not disabled from voting in support of the resolution."12. illustrations of a similar construction of statutes ..... being disclosed to the directors and the shareholders. when there is a possibility of such a conflict, by a director having personal interest in any contract or arrangement entered into by the company, section 91-a provides for its disclosure to the other directors so that the company would have the ..... to a private company : provided that where a private company is a subsidiary company of a public company, this section shall apply to all contracts or arrangements made on behalf of the subsidiary company with any person other than the holding company."6. the basis of the prosecution was that the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-22-1956
Reported in : (1956)2MLJ590
..... ; and if he does so vote, his vote shall not be counted.provided that the directors or any of them may vote on any contract of indemnity against any loss which they or any one or more of them may suffer by reason of becoming or being sureties or surety for the ..... which they possess to appoint committees of themselves and delegate their powers to those committees. in my judgment, therefore, the appointments in question were not contracts within article 93, and therefore mrs. foster was not disabled from voting in support of the resolution.illustrations of a similar construction of statutes designed ..... being disclosed to the directors and the shareholders. when there is a possibility of such a conflict, by a director having personal interest in any contract or arrangement entered into by the company, section 91-a provides for its disclosure to the other directors so that the company would have the ..... sub-section (1) so as to bring them within the penal consequence enacted by sub-section (2). before dealing with the meaning of the expression 'contract or arrangement in which he is either directly or indirectly concerned or interested' in sub-section (1), it might be useful to refer to the ..... apply to a private company.provided that where a private company is a subsidiary company of a public company, this section shall apply to all contracts or arrangements made on behalf of the subsidiary company with any person other than the holding company.6. the basis of the prosecution was that .....Tag this Judgment!
Court : Orissa
Decided on : Aug-31-1956
Reported in : AIR1957Ori32; 22(1956)CLT497
..... he then was) held that the doctrine that a creditor has only a right of indirect recourse to the estate through the right of indemnity of the person who contracted the liability for purposes of such estate in course of its management, is well established in the case of trustees and executors, has ..... to kerr on the law and practice as to receivers (12th edn. p. 263), where the learned author while dealing with personal liability and right to indemnity says: 'a receiver appointed by the court is an officer of the court: he is therefore not an agent for any person, but a principal, ..... personally against the receiver, the first defendant, and against the assets of the estate only to the extent to which the receiver has right of indemnity as receiver against that estate.' 5. the defendant 1 who is respondent 1 in this appeal has preferred no appeal challenging the personal decree passed against ..... for this loan, he came to the conclusion that the assets of the estate, only to the extent to which the receiver has a right of indemnity as receiver, are liable. accordingly, the learned subordinate judge passed a decree in the following terms: 'plaintiff is entitled to a decree. hence ordered ..... hands, unless his personal liability is excluded by the express terms of the contract, subject to a correlative right to be indemnified out of the assets in respect of all liabilities properly incurred. he is entitled to its indemnity in priority even to the claims of persons who had advanced money under .....Tag this Judgment!
Court : House of Lords
Decided on : Dec-20-1956
..... the act required excluding such death or injury as the proviso that i have read authorised it to exclude. the policy also provided that the indemnity given thereby should, subject to the provisions thereof, be extended to any person in the employ of the respondents driving the vehicle on their order ..... upon a consideration of the circumstances held that the respondents were, under the act of 1935, entitled to a contribution which would amount to a complete indemnity. he gave judgment for the respondents accordingly. there has, i think, been some confusion in the course of the case between two wholly separate torts ..... the writ in the action, in which this appeal is brought, claiming against the appellant damages or in the alternative "... payment by way of indemnity or contribution in respect of such damages as may be adjudged or agreed to be paid to lister senior in the first action and the respondents ..... their costs of defending the first action and alternatively damages for negligence "and/or breach of contract". i understand the first head of claim to be for a contribution of 100 per cent., that is, in effect an indemnity under the law reform (married women and tortfeasors) act, 1935, which i will call ..... the vehicle such a policy of insurance as would provide him with the indemnity required by section 36 (1) of the road traffic act, 1930, and by paragraph 7. b that it was an implied term of the contract that the respondents' motor insurance should cover the appellant against any third .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-13-1956
Reported in : AIR1957Cal613,61CWN235,(1957)IILLJ440Cal
..... the deceased was employed directly under the appellant company, the order made by the learned commissioner could be upheld, although to maintain the order for indemnity would in that event be inconsistent.8. i think, however, that mr. mukherjee's contention is not correct. he relied on as many as ..... the appellant was admitting to have been the principal, as contemplated by section 12(2) of the act. the prayer for an order of indemnity against hazara singh and for leave to make him a party was clearly a prayer in the alternative, the necessity for its consideration being contingent ..... business which was entrusted to their independent contractor and for which the opposite party no. 1 (that is to say, the appellant-company) prayed for indemnity against the said independent contractor' proceeding to express what appears to be his own finding on the facts, the learned commissioner observes as follows:'the fitting ..... against messrs. s. kaloo and sons, they pleaded that they had entered into a contract with insan sardar for the execution of the work by him and that consequently they were entitled to an order of indemnity against insan sardar. that contention was repelled and the court held that the deceased had ..... been employed directly under messrs. s. kaloo and sons and that if there was a contract with insan sardar at all. it was not a contract to do the whole or any .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-20-1956
Reported in : (1956)58BOMLR650
..... or firm. special attention is drawn to the notices on the back, which form a legal contract, (c) if this railway receipt is lost, the goods will be delivered upon a properly stamped indemnity bond.on the reverse of the railway receipt there are several print conditions, the third condition whereof ..... of the goods may, at the discretion of the railway, be withheld until the person entitled m its opinion to receive them has given an indemnity to the satisfaction of the railway.as i have stated earlier, the dunlop rubber co. endorsed the receipt in favour of the bank of baroda ..... default of the consignee the railway administration may be absolved from liability imposed by section 72 of the act, but the liability under the contract of consignment continues till the expiry of reasonable time after the goods are received at the destination. again even after the expiry of reasonabletime ..... to the consignment. in shamji bhanji & co.'s case the plaintiffs being the consignors and consignees as well and having themselves entered into a contract with the railway administration and also being the ultimate endorsees, were on any view entitled to file a suit for compensation. that decision cannot be ..... only for authorizing the endorsee to take delivery of the goods. the plaintiffs that case as owners of the goods and also as parties who contracted with the railway administration, were held entitled to file a suit for compensation for loss or destruction of the consignment. again the plaintiffs in that .....Tag this Judgment!