Court : Andhra Pradesh
Decided on : Dec-16-1965
Reported in : AIR1967AP145
..... of the plaintiff collects some amount from the defendant the defendant undoubtedly will have a cause of action against rattayya.but that would not be on the basis of any contract of indemnity express or implied. he gets that cause of action on the ground that rattayya had falsely represented as the agent of the plaintiff and wrongfully collected money from the ..... if the facts mentioned by the defendant are found too be correct, it does not constitute an implied contract of indemnity. either rattayya is an authorised agent of the plaintiff or is not. if he is an authorised agent, who was, as is alleged by the defendant, authorised to place ..... to him by the conduct of the promisor himself, or by the conduct of any other person, is called 'contract of indemnity.''that there is no express contract of indemnity is not in dispute. the1u1u uld of course be an implied contract of indemnity. does such a contract arise from the facts alleged by the defendant in this case? i have no shadow of doubt that even ..... defendant. i fail to understand how any question of indemnity visualised by section 124 of the indian contract act can arise in such circumstances. the mere fact that rattayya was not the agent at the time of payment and was not authorised to collect .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-12-1965
Reported in : AIR1967All308
..... by him in the exercise of his authority as an agent, in the latter, he is entitled to be indemnified only if there is a contract of indemnity to this effect. if the plaintiff had been employed to purchase and sell cotton yarn on behalf of the government of assam, or asked by ..... of the agreement made by him with the assam government may he hard and the plaintiff may have made a bad bargain, but he cannot claim indemnity from the government for any breach of agreement by john and co.13. moreover, even the direction to pay the price of bales within ten days ..... by sri kirty that there was collusion between the plaintiffs and the defendant first set in order to make sethiya and company responsible for the breach of contract occasioned by the wrongful act of the defendants first set.24. for the purpose of determining the liability of sethiya and company, if any, it ..... . at any rate, the court cannot presume from the entry relating to the commission that 152 bales in dispute were unconditionally appropriated by sethiya to the contract or the property in them passed to the plaintiff. the plaintiffs' claim under conversion fails.4. i shall now consider the plaintiff-appellants' case against the ..... them to distribute yarn, belonging to the government, he would have been their agent under section 182 of the contract act and entitled to be indemnified for .....Tag this Judgment!
Court : Chennai
Decided on : Apr-09-1965
Reported in : AIR1966Mad244; (1965)2MLJ466
..... answers in the affirmative. the proposal and declaration under the stipulation in the policy, were to form the basis of the contract and deemed to be incorporated therein. the indemnity under the policy related to loss or damage of the insured car and in the event of accident caused by or arising ..... interest to which the policy in his favour can relate and continue to have force. the basis of the contract of insurance is affected but also the specified car to which the indemnity relates, as will be clear from the details required of the car which are set out in the schedule ..... which the third party who has obtained a judgment against the insured gets into his shoes, as it were, to work out his right of indemnity against the insurer, by placing on the insurer a corresponding liability to satisfy the judgment to the extent covered by his underwriting. for this purpose ..... insurer undertakes to compensate against. where such a contract provides for indemnity to the assured against third party risks, the third party, who is a stranger to the contract, cannot enforce it himself against the insurer. neither the general principles of law relating to contracts nor the common law give a third party ..... to the policy. it is with reference to those details and the history of the vehicle and its owner including claims or no claims, the premium payable on the insurance is determined and the contract .....Tag this Judgment!
Court : Chennai
Decided on : Nov-16-1965
Reported in : AIR1967Mad461
..... lw 254 :(air 1923 mad 392) and air 1932 mad 1(2).by section 55, clause (2) of the transfer of property act, there is an implied contract by the seller with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same. this ..... not aware and which the buyer could not with ordinary care discover. sec. 55, clause 2 of the act provides that the seller should be deemed to contract with a buyer that the interest which the seller professes to transfer, to the buyer subsists and that he had power to transfer the same.it has been ..... of not only the purchase price but also the damages which he suffered.(3) section 55 of the transfer of property act provides that in the absence of a contract to the contrary, the seller is bound to disclose to the buyer, any material defect in the property of which the seller is, and the buyer is ..... to purchase the lands at a higher price and also undertaking to risk the consequences of the litigation that might ensue as a result of the breach of contract.(4) the correctness of the principle laid down in ilr 40 mad 338 :(air 1918 mad 1315 fb) that knowledge of the purchaser of the defect of ..... results to him therefrom; and that an express promise of indemnity to him for the commission of such an act is void".in the above case, the facts found were that the plaintiff was told by the first defendant that he had already entered into a contract with his brother to sell the suit lands to him and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-03-1965
Reported in : AIR1965SC1954; 35CompCas629(SC); 3SCR254
..... in the second place, there has been a significant change in the law in view of the legislative amendment of s. 178 of the contract act by the indian contract (amendment) act. 1930. in the present case, therefore, our concluded opinion is that there is no valid pledge of the consignments of menthol ..... the goods; they were mainly concerned with the question whether an endorsee of a railway receipt for consideration could maintain an action on the basis of the contract embodied in the said receipt: see the firm of dolatram dwarakdas v. the bombay baroda and central india railway co. c); shah muji deoii v ..... exceptions to the general rule that a person cannot confer on another a higher title than he possesses. the argument that s. 178 of the contract act, as amended in 1930. restricts the scope of the earlier section and confines it only to a mercantile agent was noticed by the judicial ..... that it expressly includes therein railway receipt. under s.4 thereof the chapter and the sections of the act shall be taken as part of the indian contract act, 1872. in 1930 parliament in enacting the indian sale of goods act, 1930, presumably borrowed the definition of "documents of title to goods" ..... be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company." in the present case the plaintiff has not proved by proper evidence an assignment of the contract of carriage. in our opinion, the law on the point has been correctly stated .....Tag this Judgment!
Court : Chennai
Decided on : Jan-25-1965
Reported in : AIR1965Mad532; (1965)2MLJ135
..... or quantify his damages. entirely different considerations would apply to claim for indemnity. this is a simple case of a breach of contract, the breach consisting in the plaintiff not being allowed to enjoy his promised right of a licence for a period of 15 days. breach ..... would be completely opposed to the scheme of art. 115 and s. 23 and s. 24 of the limitation act. in every case of a breach of contract for the sale of goods, the plaintiff who comes to court has a duty to mitigate the damages and he may leave to take certain steps with regard to ..... the relevant dates, that this claim is definitely out of time. it ought to have been instituted within 3 years of the date of the breach of the contract and it is no defence to this objection to urge that it was only the occasion of resale which enabled the defendant firm to ascertain exactly the degree ..... case and that the observations contained therein should not be divorced from their context and understood as authority for the position that in every case of a breach of contract, limitation would commence to run not on the date of the breach, but only form the date when the party aggrieved was in a portion to fix ..... vendor and vend, in which it had been held that a cause of action for a suit for damages would commence to run not on the date of the contract or on the breach as such, but only when the vendor or the vendee, as the case may be, had sustained damages as a result of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1965
Reported in : AIR1966SC126; 1965(0)BLJR841; 1SCR158
..... benefit of all persons so interested, the advantage sogained, but subject to repayment by such persons of their due share of theexpenses properly incurred, and to an indemnity by the same persons againstliabilities properly contracted, in gaining such advantage. ......(c) a mortgages land to b, whoenters into possession. b allows the government revenue to fall into arrearwith a view to the land .....Tag this Judgment!
Court : Chennai
Decided on : Oct-22-1965
Reported in : AIR1966Mad426
..... their lordships think that the words extend to any obligation which is an effective bond in law. certainly the common law of england afforded a right of indemnity to one who had paid 'under compulsion of law' against the true obligor without limiting the circumstances in which the latter's liability had arisen. certainly ..... too, there is authority in the courts of india for the proposition that 'bound by law' covers obligations of contract or tort.' under the arrangement for turns between the parties all the outgoings and public dues have to be met by the party in possession and management ..... been held that the words 'bound by law to pay' in sec. 69, do not exclude those obligations of law which arise inter partes whether by contract or tort and are not confined only to those public duties, which are imposed by statute or general law. in govindram v. state of gondal, air ..... reimburse the plaintiff for the penal assessment payable and paid for the period of the defendant's enjoyment of the lands. s. 69 of the indian contract act runs thus: 'a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it ..... by the plaintiff, found however, that the plaintiff could not be said to be interested in the payment. in the result, section 69 of the indian contract act, on the basis of which action was laid, was held to have no application, and the suit dismissed. (2) the facts and circumstances which .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-13-1965
..... and conditions upon which it will make needed purchases." mrs. yazell would subscribe to that proposition -- indeed, the brunt of her case is that the government, in entering ordinary commercial contracts, should be treated "like private individuals and businesses." [ footnote 20 ] see note 1 supra. [ footnote 21 ] it is worth noting that, in the only situation where the united states ..... modified form, in michigan. [ footnote 22 ] but the government's brief tells us that there are 10 other states which limit in some degree the capacity of married women to contract. [ footnote 23 ] in some of these states, such as california, the limitations upon the wife's capacity and responsibility are part of an ingenious, complex, and highly purposeful ..... accordingly, generalities as to the paramountcy of the federal interest do not lead inevitably to the result the government seeks. our problem remains: whether, in connection with an individualized, negotiated contract, the federal government may obtain a preferred right which is not provided by statute or specific agency regulation, which was not a part of its bargain, and which requires overriding ..... argument in favor of a federal rule. ibid. no such difficulty exists here, of course. in royal indemnity co. v. united states, 313 u. s. 289 , cited by the government for the proposition that "the rights of the united states under contracts entered into as part of an authorized nationwide program are to be determined by federal, and not by state .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-15-1965
Reported in : AIR1966P& H303
..... the obligation which had been incurred by the second defendant on behalf of the principal9. it is also necessary to discuss the ancillary matter relating to indemnity clause in the letter of credit. it is the case of both the defendants that clause 6 of exhibit d. 14 exonerates the bankers from ..... the shipper or any one else in connection with said merchandise or the shipping or other documents with respect thereto.. ..or for any breach of contract between the shippers of vendors and the undersigned; and the undersigned will hold you harmless from all loss of damage in respect of any such ..... first defendant the second defendant had been appointed a substituted agent of the plaintiff and its liability is governed by section 194 of the indian contract act which says that:'where an agent holding an express or implied authority to name another person to act for the principal in the business ..... . 1947 the decision of the learned trial judge on this issue is correct and is accordingly upheld6. on the next question relating to privity of contract, the plaintiff and the second defendant are at one in saying that the responsibility is that of the first defendant as the principal agent, while, ..... a credit calling for ' coromandel groundnuts ' was upheld as pointed out by lord justice goddard at page 703 the custom or trade practice in such contracts is this:--' there are three peoples concerned where a bankers credit is in question there is the person who requests the bank to establish the credit, .....Tag this Judgment!