Court : Kerala
Decided on : Aug-13-1957
Reported in : AIR1958Ker322
..... shorten litigation or to do complete justice between the parties.'we therefore hold that the suit viewed as one for damages in enforcement of the contract of indemnity contained in the sale deed is not in any way barred.9. as the court below did not fix the quantum of damages in view ..... pillai thampatty v. kunhikavu thampan, 1956 ker lt 302 (j), where it was held after full discussion :'in a suit for damages for breach of contract of indemnity, express or implied, in writing registered, the period of limitation is governed by article 83 of the limitation act read with article 116, or in other ..... as contended by learned counsel for the appellants, the article applicable is article 116 read with article 83 in the light of the express covenant of indemnity, which we have found ext. b contained and so viewed, limitation will run only from the date of disturbance. it is enough for us to ..... they started and are entitled to claim consequential remedy by way of damages.6. the next question is as to the scope of the covenant of indemnity contained in the sale deed. it provided in effect that the vendors made themselves responsible to the vendee whenever any difficulty occurred in connection with ..... title and there was really no fraudulent misrepresentation by them in the matter as alleged. he denied that the warranty of title and the covenant for indemnity as contained in ext. b furnished any or sufficient cause of action for the plaintiffs' claim for damages, as sued for.he further pleaded that .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-21-1957
Reported in : AIR1958All170
..... by article 83 read with article 116 of the limitation act, because the contract contained in the sale-deed of which the breach had been committed was a contract of indemnity. in the case of a contract of indemnity under article 83 of the limitation act, the suit could be brought within ..... the defendant-appellants was contained in a registered instrument and it being a contract of indemnity, on application of arts. 83 and 116 of the limitation act, the period of ..... brought by the plaintiff-respondents against the defendant-appellants and certain other defendants who are pro forma respondents, for compensation for breach of a contract. the brief facts of the case are that some of the plaintiff-respondents and predecessor-in-interest of other plaintiff-respondents owned 14 biswas ..... six years of the date on which the plaintiff-respondents were actually indemnified. it was contended that, the contract which had been broken by ..... limitation should be computed as six years from the date on which the plaintiff-respondents suffered the injury as a result of the breach of the contract and this injury .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-29-1957
..... to construct certain public buildings at air force bases in california. as required by the miller act, he filed performance and payment bonds executed by the respondent, hartford accident and indemnity company, as surety. the payment bond was in the penal sum of $52,434.30, and provided that the obligation of the surety shall be void "if the principal ..... shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract . . . otherwise to remain in full force. . . ." the terms under which carter employed laborers for the prosecution of the work were prescribed in master labor agreements governing the conditions of ..... court for further action consistent with this opinion. reversed and remanded. mr. justice whittaker took no part in the consideration or decision of this case. [ footnote 1 ] " * * * *" "(a) before any contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the united states is awarded to any person, such person shall ..... are claiming sums on behalf of workmen who supplied labor for the project directly to the contractor under an express contractual relationship with him. [ footnote 5 ] 4 corbin, contracts (1951 ed.), 891; restatement, contracts, 150. see also looney v. district of columbia, 113 u. s. 258 ; blair v. commissioner, 300 u. s. 5 . [ footnote 6 ] title guaranty & trust co. v. crane .....Tag this Judgment!
Court : Orissa
Decided on : Mar-05-1957
Reported in : AIR1957Ori151; 23(1957)CLT280
..... all persons so interested the advantage so gained, but subject to repayment by such persons of their duo share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.'in this case, as already found, there is nothing to show that the plaintiff no. 1 availed himself of his position as .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-09-1957
Reported in : AIR1958Kant53; AIR1958Mys53
..... when delivered is, inmy view, a mere statement of description and a statement of description only. that was the construction placed in gopal singh v. mutual indemnity and finance corporation ltd. : air1937all535 , by sulaiman c. j. when he was interpreting a policy of insurance which incorporated a statement in the proposal ..... a statement that the insured motor vehicles would be used only for the purpose of delivering coal, the company had a right to avoid the contract on the ground that the insured, during the period covered by the policy, was using the lorry for carrying loads of timber together with ..... signed by the respondent which contained a stipulation that the statement in the proposal shall be held promissory and shall form the basis of the contract of insurance. in that proposal the insured had stated that the purpose for which the vehicle was to be used was only commercial travelling. ..... be so, whether the insured signed the proposal without reading or understanding it, it being irrelevant to consider how the inaccuracy arose if he has contracted, as the plaintiff has done in this case that his written answers shall be accurate.(newsholme brothers v. road transport and general insurance co. ltd ..... means.the policy contained a recital that the proposal and declaration as stated in the schedule to that policy shall be the basis of the contract between the parties and shall be deemed to be incorporated in it. the policy was made subject to the conditions contained in it or endorsed .....Tag this Judgment!
Court : Kerala
Decided on : Mar-29-1957
Reported in : AIR1957Ker181
..... recover the amount of such loss with interest on the same from the 13 schedule properties included in the sale deed ext. d towards security for such possible loss.the indemnity clause being thus restrictive in its scope and application, it cannot be said that it would take in losses arising out of any deficiency in the extent of the properly ..... of the property agreed to be sold the purchaser can claim specific performance, with compensation if he can bring his case under section 14, specific relief act, but if the contract, has been completed by the execution of the sale deed then tile purchaser can claim compensation if ha establishes fraud, or if there is a special agreement for making compensation ..... the established practice of the court of chancery that a bill for compensation properly so called the purchaser retaining the property could not be entertained after the completion of the contract and execution of the conveyance and that the jurisdiction under which compensation was granted was exercised only as ancillary to specific performance and was never exercised independently.''further on, it ..... plaintiff-respondent has filed a memorandum of objections against the decree disallowing his costs and against the findings recorded against him by the lower court.4. in respect of a contract for sale of immovable property, the purchaser has certain well-definedrights as against the vendor. these rights are also subject to certain well-known limitations as specified in sections 14 .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-1957
Reported in : AIR1958Bom291; (1958)60BOMLR689; ILR1958Bom775
..... by reference to that term. this term completely covers the question of the measure of damages and therefore excludes the operation of section 73 of the indian contract act, though that section applies to contractsfor sale of goods, generally. therefore, the damages which the appellant would be entitled to get in this case ..... who was one of the judges who constituted the bench observed : 'if it is intelligible, and the parties have made it a term of their contract, the court cannot relieve either party from the operation of therule because it may not consider it reasonable. speaking for myself i have already in one of ..... 7th of september. on that date, the appeal committee met and passed the following resolution: (ex. p-2): 'for the last some days, saudas (contracts) of bales of jarila of september 1948 of forward delivery and of ready delivery do not appear to have taken place in the market. the sides of ..... . if we find in favour of the appellant on either of these points, we shall have to consider whether the respondents have committed a breach of contract; and if we hold that they have, we shall have to assess the damages the appellant will be entitled to claim. 11. the relevant clause ..... the association in view of the admissions made by holkarmal (p.w. 22), who is a partner of the appellant-firm, to the effect that the contracts in suit were made on the basis of the rules of the association. the contention, though initially pressed in argument, was, therefore, ultimately given up. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-22-1957
Reported in : AIR1959P& H92
..... parries manifest their intention that it should be created. i am clearly of the opinion that the two documents which formed the basis of the contract did not bring into existence a fiduciary relationship between the plaintiff and the defendant, and it seems to me therefore that neither the defendant ..... money, a debt is created (scott on trusts, section 122).10. now, what was the intention of the parties when they entered into the contract over which the present controversy has arisen?. the learned counsel for the plaintiff contends that the relationship between the defendant and the plaintiff was of ..... a trust there must be distinct fund which the trustee is required to preserve intact and for which he must eventually account. to constitute a contract there is no such fund and the person receiving money has unrestricted use thereof being liable to pay similar amount, whether with or without interest ..... or may not be fiduciary in character. the beneficiary of a trust has the beneficial interest in the trust property, the beneficiary of a contract has only a personal claim against the promisor.there is a fiduciary relationship between the trustee and the beneficiary but not between the promisor and ..... construction of a civil hospital at quetta. on the 4th december 1940 the defendant sublet the sanitary, drainge and water supply part of the said contract to the plaintiff, the principal conditions of subletting being that the plaintiff, would allow the defendant 6 1/2 per cent on the net .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-03-1957
Reported in : AIR1959AP30
..... railway freight, demurrage, commission and other expenses of resale.5. sri sankara sastri, the learned advocate for the appellant, strenuously contended that the contract dated 29-9-1950 related to a sale of specific foods, that the title to the goods passed to the defendant on the plaintiff accepting ..... for the purpose of transmission to the buyer, he reserved the right of disposal and consequently there was no unconditional appropriation of goods to the contract. as stated supra, the plaintiff had obtained the railway receipt in respect of the goods in his own name. ho endorsed the railway receipt ..... author states as follows :'the cases which illustrate the reservation of the right of disposal arise chiefly where parties at a distance from each other contract by correspondence, and where the seller wishes to secure himself against the insolvency or default of the buyer.'he points out that although the seller ..... to claim damages on the basis of resale, he should immediately apply for amendment of the plaint and claim damages on the difference between the contract price and the market price on the date of the breach. this decision was not followed by the bombay high court in narsinggirji manufacturing co ..... edition, the headuote in (1839) 151 e. r. 200 (s) correctly sets out the decision and is in the following terms :where a contracted for the purchase of wheat, to be delivered at birmingham as soon as vessels could be obtained for the carriage thereof; 'and subsequently (the market .....Tag this Judgment!
Court : Kerala
Decided on : Mar-11-1957
Reported in : AIR1957Ker146; 8STC347(Ker)
..... -0less 80%' ... ... ...rs. 84,208-0-0balanceturnoverrs.1,96,486-0-03. section 2 (1) of the travahcore-cochin general sales tax act, 1125 defines the expression 'works contract' as follows:''works contract' means any agreement for carrying out for cash or for deferred payment or other valuable consideration the construction fitting out, improvement or repair of any building, road, bridge, or ..... other immovable property or the fitting out, improvement or repair of any movable property'.that the contracts concerned do come within the ambit of the definition is not disputed by the petitioner.4. the main contention before us is the same as that advanced by the petitioner ..... whether the word levy in article 277 is confined to the meaning given above as the travancore-cochin government was 'levying, assessing and collecting' sales tax in respect of works contracts throughout the state and at the same rates immediately before the commencement of the constitution,16. maharaja kishangarh mills ltd. v. union of india, aw 1953 haj 145 (j) ..... movable properly; and also includes all growing crops, grass and things attached to or forming part of the land which are agreed to be served before sale or under a contract of sale, but does not include actionable claims, stocks and shares securities'. of 'sale' in section 2 (j): ''sale' with all its grammatical variations and cognate expressions means every .....Tag this Judgment!