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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1959 Page 1 of about 384 results (0.042 seconds)

Jul 22 1959 (HC)

Joti Parshad Jai Gopal and anr. Vs. Kartar Singh Sahib and ors.

Court : Punjab and Haryana

Decided on : Jul-22-1959

Reported in : AIR1960P& H425

..... paid to the widow of nand singh bala through s. kartar singh under a contract of implied indemnity.(6) the conclusion of the lower courts is erroneous in law and contrary to the dictates of justice, equity and good conscience. i would allow this ..... execution of the decree. though it is not necessary in this case, a contract of indemnity can also be inferred. even in the absence of the evidence of meem chand it would have been a legitimate inference to draw that the money was ..... singh on a definite assurance made by him in the company of meem chand. cause of action in such cases arises when the damage in which the indemnity is intended to cover is suffered. in the present case the damage was suffered when the payment was made to the sons of nand singh bala in ..... the person doing it, and such act turns out to be injurious to the rights of a third party, the person doing it is entitled to an indemnity from him who requested that it should be done.'this quotation is taken from the judgment of lord halsbury in sheffield corporation v. barclay, 1905 ac 392, ..... these facts, it appears to me that the proper provision to apply is art. 83 of the indian limitation act which is as under :'upon any other contract three years when the plaintiff is actuallyto indemnify damnified'. the payment was made to the sons of nand singh bala in execution of the decree in july 1949 .....

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Feb 16 1959 (HC)

Hazari Lal Vs. Hari Ram

Court : Rajasthan

Decided on : Feb-16-1959

Reported in : AIR1959Raj153a

..... 34 mad 167, thought that article 83 can be made applicable only to a case where there is an express contract of indemnity and because the duty of principal under section 222 of the contract act, to indemnify the agent is an obligation imposed by law and is attached to the relation of principal and ..... barred. besides the above ruling, there is a string of rulings of lahore high court in which it has been held that article 83 of the contract act applies to the case of an aratia suing for the money spent on behalf of his principal. the earliest ruling is that of punjab chief ..... plaintiff filed a suit for the recovery of the said amount. it was observed:'once the relationship of principal and agent is established, section 222, contract act, comes into operation. the obligation of the principal to indemnify the agent, therefore, flows from the nexus of the principal and agent. it is a ..... to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. the contract of agency, therefore, implies a contract by the principal to indemnify the agent against the consequences of all lawful acts done by such agent in exercise of the authority conferred ..... the present case, and not article 61. article 83 is a special article which applies to the case of a suit upon any contract to indemnify, other than a contract covered by article 81, or article 82 which apply respectively to a suit by a surety against a principal-debtor and by a surety .....

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Nov 24 1959 (HC)

Ghaki Mal Hukum Chand Vs. Great American Insurance Co. Ltd.

Court : Punjab and Haryana

Decided on : Nov-24-1959

Reported in : AIR1960P& H523

..... damage a damage by the peril insured against.'this is the first difficulty in the way of the plaintiff. the plaintiff in a contract of fire insurance which essentially is a contract of indemnity has to prove the loss actually suffered by him as a result of fire. i am prepared to accede that the evidence ..... which there is no compelling reason to depart in the instant case. nor is there any support for the proposition that clauses 11 and 19 of the contract of insurance could not have been overridden by statute. in face it is specifically mentioned in the relevant provisions cited in the earlier portion of this ..... date of the loss notwithstanding that the intimation does not specify the amount of the claim or is not in the form, if any, required by the contract of insurance or in any other specified form.'(3a) at this stage, i may also advert to the provision of section 36 of the debts adjustment act ..... (a) * * *(b) the claim was not made to the company within the agreed time, or(c) * * *(d) * * *and any contract to the contrary, to the extend to which it is in contravention of the provisions of this sub-section, shall be deemed to have had no effect. * * * * (6) no ..... or theft or riot and civil commotion and there has been a loss in respect of such property arising out of any such risk at a time when the contract of insurance was in force, such company shall not be entitled to refuse payment of the sum due under any claim in relation thereto on the ground that. .....

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Jul 22 1959 (HC)

General Manager, Southern Railway Vs. Somasundaram (P.) and anr.

Court : Andhra Pradesh

Decided on : Jul-22-1959

Reported in : (1959)IILLJ706AP

..... . plurality of rights and duties may exist between the employer and the employee and the act does not cover all legal relations between the two. it would not extend to contracts of indemnity by the employees; for the deposits made in pursuance of such agreement would not be remunerations for the services and would not, therefore, be wages. i do, however, express ..... . railway v. mahadeo raghoo 1955-i l.l.j. 359 that wages meant remuneration payable by an employer to his employee for services rendered according to the terms of the contract between them. he further relied on d'costa v. patel 1955-i l.l.j. 363, wherein it was observed that any question of potential wages was beyond the authority ..... and penalty for malicious or vexatious claims. appeal against the order is provided by section 17 and jurisdiction of civil court is excluded under section 22. section 23 renders any contract or agreement whether made before or after the commencement of the act concerning relinquishment of any rights conferred by the act to be null and void.4. the first ground ..... 2(vi) of the payment of wages act then defined wages to mean:all remuneration capable of being expressed in money, which would be payable if the terms of the contract of employment were fulfilled to a person in respect of his employment and would include bonus, additional remuneration, and any sum payable because of the termination of the employment.there .....

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Nov 30 1959 (HC)

Vithaldas Bhavadas Vs. Yellosa Laxmansa

Court : Karnataka

Decided on : Nov-30-1959

Reported in : AIR1960Kant238; AIR1960Mys238

..... lordships repelled the contention that article 83 is applicable to the said case and held that the said article was in applicable as the suit was not based on any contract of indemnity whether express or implied. their lordships produced to observe as follows :'probably the article applicable to a suit of the present type will be art. 61, sch. 1 limitation ..... art. 61 of the limitation act is not at all applicable to present case. the said article applies only to a case, which is covered by section 69 of the contract act. in support of that contention he relied on the decision of the madras high court in rungaswami aiyangar v. srinivasa aiyangar, 21 mad lj 453 and on a decision .....

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Jul 23 1959 (HC)

Ouseph Souro Vs. Thommen Michael

Court : Kerala

Decided on : Jul-23-1959

Reported in : AIR1960Ker139

..... the question whether the loss or damage sustained 'naturally arose in the usual course of things' from breach of contract, and are inapplicable to the present case, in which on the covenant for indemnity, the market value of the property lost by the plaintiff must be held to be the measure of damages. ..... rule as to mitigation of damages is not confined to a claim for compensation for damages caused by breach of contract, and may be extended to a claim based on a specific covenant for indemnity, we are of the view, that the 11th defendant cannot be permitted to take the point at this stage ..... the plaintiff, by his default in the performance of his obligation. but it was contended, relying on the explanation to section 73 of the indian contract act, that the plaintiff ought to have mitigated damages, in all possible ways, even by discharging the encumbrance by finding the money himself.assuming, that ..... inconvenience caused by the non-performance of the contract' of which the opposite party is entitled to notice, in order that he may answer them.8. on the measure of damages, we entertain no doubt, that on the true construction of the covenant for the indemnity, the 11th defendant is hound to compensate ..... , having failed to do so in the written statement and in the appeal memorandum. a plea under the explanation to section 73 of the indian contract act does involve .....

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May 07 1959 (HC)

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-07-1959

Reported in : AIR1960Raj92

..... the agreement the plaintiff should either be exempted from payment of excise duty or the excise duty paid by it should be reimbursed under the indemnity clause contained in the agreement. the trial court held that the agreement was not binding on the united state of rajasthan or on the state ..... rajasthan and the liability to indemnify had devolved on the state of rajasthan the agreement would have become frustrated within the meaning of section 56, contract act, on the coming into fores of the finance act, 1950, because the consideration for the agreement namely payment of 7 1/2 per ..... of the community when the question arises and its freedom of action in matters which concern the welfare of the state cannot be hampered by contract. the power to exempt from tax is sovereign legislative power. the law is already well established that future legislative action cannot be fettered. i ..... the consideration for the agreement became unlawful with effect from 1-4-50 and the contract was frustrated under section 56 of the contract act. it is therefore not open to the plaintiff to enforce the indemnity clause contained in the agreement even if the agreement amounted to a special law and the ..... indemnity clause contained in it was not affected by the rajasthan excise duties ordinance 1949 and the .....

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Mar 26 1959 (SC)

Gherulal Parakh Vs. Mahadeodas Maiya and ors.

Court : Supreme Court of India

Decided on : Mar-26-1959

Reported in : AIR1959SC781; [1959]Supp(2)SCR406

..... would have tainted, as between themselves, whatever the plaintiff had done in furtherance of their illegal designs, and would have precluded him from claiming, in a court of law, any indemnity from the defendant in respect of the liabilities he had incurred : cannan v. bryce 3 b. & ald. 179; mckinnell v. robinson 3 m. w. 434; lyne v. siesfeld 1 h ..... ., on the first question. the second question did not arise for consideration in that case. the house of lords neither expressly nor by necessary implication purported to hold that collateral contract of either partnership or agency was illegal; and that the long catena of decisions already referred to by us were wrongly decided. this judgment does not therefore support the contention ..... plaintiff, a broker, who was employed by the defendant to speculate for him upon the stock exchange, entered into contracts on behalf of the defendant with a third party upon which he (the plaintiff) became personally liable. he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held that the plaintiff was entitled ..... plaint as originally presented contained all the facts sustaining the said plea. the defendants in their written-statement, inter alia, denied that there was any partnership to enter into forward contracts with the said two merchants and that therefore consistent with their case they did not specifically deny the said facts. the said facts, except in regard to the question whether .....

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Nov 04 1959 (HC)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Decided on : Nov-04-1959

Reported in : AIR1960P& H236

..... period less than that allowed by the statute of limitation the time of claim rested and was maintainable, was that by the contract of the parties the right to indemnity in case of loss and the liability of the company thereof did not become absolute, unless the remedy was sought within the ..... the aforesaid provision in the contract act. it would be useful at this stage to advert to some of the well settled principles which are applicable to such cases on the ..... was intended to provide for such clauses only, clause (b) becomes wholly redundant in view of the provisions contained in section 23 of the contract act because any condition or covenant in a policy directly curtailing the period of limitation as provided in the limitation act would be struck down by ..... the limitation act the suit must be dismissed if instituted after the expiry of the prescribed period and the waiver is wholly ineffective. (4) a contract may contain within itself the elements of its own discharge express or implied for its determination in certain circumstances. (5) as the clause does not ..... provided by article 86 of the limitation act. it was urged that the condition curtailing the period of limitation was void under section 28 of the contract act. chandavarkar, acting c. j. observed while considering the argument that the deceased had agreed to lessen the period prescribed which he could not .....

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Apr 28 1959 (HC)

Grison Knitting Works Vs. Laxmi Commercial Bank Ltd. and ors.

Court : Punjab and Haryana

Decided on : Apr-28-1959

Reported in : AIR1960P& H98

..... and other cases which have followed it and i have preferred the interpretation of the pharase 'reasonable notice of the sale' occurring in section 176, indian contract act, which is in accord with the view expressed by american judges on analogous law. it is true that the english and the american authorities referred to ..... had consulted the pledgor who was agreeable to the transfer of the shares by the pledge, the question of notice under section 176 of the indian contract act does not arise, as the pledgor's consent to the proposed transfer is already obtained. on this consideration also the argument pressed on behalf of ..... for the defendants says that this approach of the learned judges, on comparison of the language of section 176 and the previous section 107 of the indian contract act, is not correct, and in fact when the two sections are considered together, they support rather his argument. it has already been pointed out ..... for the defendants contends is that if the notice contains anything more than that has reference to the provisions of the section 176 of the indian contract act, then the form of the notice must be taken as defective and notice as not valid according to the section.in this particular case the ..... not redeemed within the stipulated time, by a due performance of the contract for which it is a security, the pawnee has then a right to require a sale to be made thereof, in order to have his debt or indemnity.if there is no stipulated time of the payment of the debt, .....

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