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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 2 of about 477 results (0.061 seconds)

Oct 17 1969 (SC)

Sushila Kashinath Dhonde and ors. Vs. Harilal Govindji Bhogani and ors ...

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1971SC1495; (1971)73BOMLR320; (1969)3SCC223; [1970]2SCR950

..... the act, payment under such an agreement is payment of compensation under the act, and the plaintiffs' right to indemnity from the defendants follows.'31. whether certain claims were 'arising out of' or 'under a contract' came up for consideration in government of gibralter v. kenney, l.r.i. [1956] all. e.r ..... are sums which fall under the head 'compensation paid under this act' within the meaning of section 6, so that the plaintiffs are entitled to an indemnity from the defendants.dealing with the interpretation to be placed upon the words in question, the court observed, at p. 435 :but the decisive words ..... the plaintiffs took objection that he had no jurisdiction to deal with certain claims as they did not arise out of or under the agreement or contract. the court overruled the plaintiffs' objections holding :in my view, this arbitration clause is very wide. it covers '...any dispute or difference which shall ..... accept the contention of mr. hattangadi that the rights of the plaintiff flows not from the act or any of its provisions but from the contract, namely the deed of charge. the registered agreement entered into between the parties regarding the construction loan, it must be pointed out, is the ..... entertain the suit. (ii) the claim for a charge over the properties made by the plaintiff in the suit arises under a deed of contract evidenced by the charge dated august 12, 1959 and hence the proceedings initiated by the plaintiff before the court of small causes cannot be considered .....

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Dec 31 1969 (HC)

Dip NaraIn Rai and ors. Vs. Dipan Rai and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All185

..... duty to limit that penalty to what is the real amount of damage sustained by the plaintiff, who is the lender, in consequence of the defendant's breach of the contract to pay the interest at the due date. the rate of interest at which the money was lent was rs. 9 per cent, per annum, and if the interest ..... on both kinds of damages, that cannot be a fair agreement with reference to the loss sustained by him, as the two together amount to more than an indemnity against loss, and so must be a penalty.2. in this case, the lender stipulates for both kinds of damages. he stipulates for compound interest as an ..... indemnity against loss, and also for interest to be paid at an increased rate. these two stipulations put together cannot, as i have said, be regarded as a fair ..... shall pay for having broken his contract, or may name a penal sum which shall be the outside limit of the damage which can be recovered. it is clear that an agreement, that if the ..... which interest is to be paid, and the interest is not paid when it becomes due, the borrower breaks his contract, and the lender may re-cover damages for such breach, and, at the time of making the contract, it is open to the parties to consider and agree the amount of damage which in such a case the borrower .....

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Oct 07 1969 (SC)

Ram Prasad S/O Prabhu Dayal Mathur Vaishya Vs. the State of Madhya Pra ...

Court : Supreme Court of India

Decided on : Oct-07-1969

Reported in : AIR1970SC1818; 1970(0)BLJR1078; 1970MhLJ696(SC); (1969)3SCC24; [1970]2SCR677

..... a lien upon the principal's goods or property which comes lawfully in his possession during the course of the agency from which the right to indemnity or compensation arises. a purchasing agent has a lien upon the principal's goods in his possession upon which he has paid money in purchasing ..... matter in which the lien is claimed. the lien does not arise where the possession of the property is acquired by the agent under a contract which expressly or impliedly shows contrary intention, or where it is delivered to him for a particular purpose inconsistent with the existence of lien the/ ..... that it constituted a bailment for security and that it is a pledge within the meaning of section 172 read with section 148 of the contract act. that is not the position here. therefore the high court was fully justified in rejecting the claim of the appellant that he was ..... jadhav naya bazarthakur sahab lashkar, gwalior.i hetampalsingh jadhav son of bhagwansingh jadhav caste thakur, am a resident of naya bazar, lashkar.i, have taken contract for supplying grain seed in district gird for which i need money for bringing every kind of grain from different places. therefore i appoint ramprasad s/o ..... his possession for his compensation and expenses during the course of the agency with reference to that property. section 221 of the contract act provides that in the absence of a contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, of the .....

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Oct 10 1969 (HC)

Singh Brothers and anr. Vs. the Union of India (Uoi)

Court : Delhi

Decided on : Oct-10-1969

Reported in : 6(1970)DLT255

..... by the railway administration in delivering the goods. if in every case where the railway administration deliver goods even to a rightful owner against indemnity bond they were to be held responsible for negligence the functioning of the railways will become impossible. the administration whendelivering goods to the person ..... the goods. the formation of opinion that the goods are to be delivered to the second defendant would thereforee be completely justified. the contract between the consignor and the administration was to carry the goods and to deliver them to the consignee and that it exactly what the railway ..... authorises the railway administration in certain circumstances to withhold delivery of goods until 'the person entitled in its opinion to receive them has given an indemnity, to the satisfaction of the railway administration, against the claims of any other person ...'. if the railway administration negligently delivers the goods to ..... held:--'now, if that be so with regard to a bill of lading, it is equally so with regard to a railway receipt. the contract of the railway is to carry goods and to deliver them to the consignee. ordinarily, it would be bound to deliver at its peril ..... administration may withhold delivery of the animals, goods or sale-proceeds until the person entitled in its opinion to receive them has given an indemnity, to the satisfaction of the railway administration, against the claims of any other person with respect to the animals, goods or sale proceeds'. .....

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Dec 31 1969 (HC)

Parbhu Lal Vs. Sital Prasad

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All535

..... contended for so unsustainable a proposition, that assuming there was a relationship such as that which is contemplated in clause (1), section 16 of the contract act, or such a quasi relationship, once established, the onus would not rest upon the party who held that position towards the person who sought ..... judgments of learned judges upon this particular subject and from legal works which have been referred to, notably pollock on contracts, at pages 282 and 578, but it is unnecessary for me to do so, because i have shown, i think sufficiently, what the principle ..... by any direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the court in setting aside a contract made by him, on account of some oppression, or fraudulent advantage, or imposition, attendant upon it.'11. now i might quote endless passages from the ..... there is one class of cases in which there being no fiduciary or quasi fiduciary relation between the parties, courts of equity have interfered with contracts into which the persons claiming relief have entered upon various grounds. but in such cases they have required that the parties seeking that relief should ..... to prevent the plaintiff from seeing any one, a fact known to all the people of the town of sambhal. under the above circumstances both the contracts, namely, the one contained in the deed of sale and that contained in the deed of endowment, are voidable at the will of the plaintiff. .....

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Mar 26 1969 (HC)

Owen Vs. Pook (inspector of Taxes).

Court : Andhra Pradesh

Decided on : Mar-26-1969

Reported in : [1969]74ITR247(AP)

..... in return for acting as or being an employee.... the money was not paid to him as wages.'later in his judgment lord radcliffe appears to treat a claim for indemnity as not assessable. the facts in that case were widely different from the present, but it the proper test is whether the sum is a reward for services, them, in ..... not suggested that any duties were performed in london. in the present case there is a finding of fact that dr. owens duties commenced at the moment he was first contracted by the hospital authorities. this is further emphasised by the finding that his responsibility for a patient began as soon as he received a telephone call and that he sometimes ..... be answered in the light of the particular facts of every case whether or not a particular payment is or is not a profit arising from the employment. disregarding entirely contracts for full consideration in money or moneys worth and personal presents, in my judgment not every payment made to an employee is necessarily made to his as a profit arising .....

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Dec 31 1969 (HC)

Durjan Kuar and ors. and Piarey Lal and ors. Vs. Naraini Kuar

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All738

..... 3rd chapter of the civil procedure code, though it is worthy of observation that the provisions of orders 17 and 19, as to adding persons from whom a defendant claims contribution or indemnity, or others whom the court or judge thinks should be joined for the purpose of a question being determined, not only as between the plaintiff and defendant, but between them ..... test as to the joinder of defendants should be whether the relief sought is 'in respect of the same matter,' or the liability alleged to exist relates to 'any one contract.'7. now let us see how the language of these sections is applicable to the cases under consideration. so far as the two sets of plaintiffs are concerned, it is ..... , exercised his discretion in passing the two orders appealed.5. no doubt it is most desirable, when litigation has been instituted in respect of a particular subject-matter or specific contract, that the court having cognizance of it should see that all questions directly springing out of it should be raised and dealt with once and for all, and that all .....

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Sep 11 1969 (SC)

The State of Uttar Pradesh Vs. Rajkumar Rukmini Raman Brahma

Court : Supreme Court of India

Decided on : Sep-11-1969

Reported in : AIR1969SC1687; (1969)2SCC818; [1970]2SCR355

..... gift made in favour of a wakf. trust, endowment or society established wholly for charitable purposes, unless the state government in any particular case directs otherwise.section 24(b)-any contract or agreement made between an intermediary and any person on or after the first day of july, 1948, which has the effect, directly or indirectly,-(a) . . . . . .(b) of entitling an ..... intermediary to receive on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this act shall be made and is hereby declared null and void.section 73 :there shall be paid by the state government to every .....

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Mar 19 1969 (SC)

Muddada Chavannna Vs. Sri Sri Sri Kodandrama Swami Varu

Court : Supreme Court of India

Decided on : Mar-19-1969

Reported in : 1969(2)LC345(SC)

..... were calculated to defeat the provisions of the madras estates (abolition and conversion into ryotwari) act 26 of 1948, and were on that account void under section 23 of the contract act. the trial court held that the lands in suit were post settlement or darmila inam lands and the appellant was entitled to occupancy rights, provided he succeeded on other ..... entitled to recover the stipulated rent from the appellant, that the appellant had admitted the title of the deities and had been inducted into possession on the basis of a contract of lease, and that he could not challenge their title, that the prior decision of the high court that the lands were pre-settlement inam lands debarred the appellant from .....

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Apr 29 1969 (HC)

Mishra Bandhu Karyalaya and ors. Vs. Shivratanlal Koshal

Court : Madhya Pradesh

Decided on : Apr-29-1969

Reported in : AIR1970MP261

..... is justified is one of fact dependent upon the nature of the default and the circumstances in which it was made. 42. it must be observed, however, that a contract cannot be terminated unilaterally. therefore, if one party commits a breach sufficiently serious to constitute a discharge, this does not automatically abrogate the mutual obligations, but merely gives the ..... or anybody else including shri maniram have absolutely no right of publication and sale of books concerned.' 35. in other words, although the defendants were in breach of the contract, they signified their unwillingness to accept its rescission, wrongfully asserted a title to the copyright in themselves which was adverse to that of the plaintiff and thereafter admittedly continued the ..... in accord with these findings reached by the learned judge for the reasons advanced and would, therefore, hold that there was no breach of clauses 4 and 6 of the contract by the plaintiff. on the contrary, agreeing withthe learned judge, we would further hold that the defendants themselves had committed breach of the various covenants contained therein, particularly ..... defendant no. 1 m/s. mishrabandhu karyalava. (after considering the evidence, the court held that the agreement dated 13th march 1952 (ex. p-5) truly represented a concluded contract between the parties.) 21. coming to the third contentionraised by the learned counsel, we are satisfied that it is wholly devoid of substance. in dealing with arrangements between authors and .....

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