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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 4 of about 477 results (0.057 seconds)

Oct 28 1969 (HC)

Om Prakash Gupta Vs. Puspa Kumari

Court : Delhi

Decided on : Oct-28-1969

Reported in : ILR1969Delhi953

..... contexts such as responsibility for cirminal act (section 84 of the indian and code based on the mcnaghten rules) entering into ordinary contracts (saction 12 of the contract act) and mangement of property (lunancy act). it would nto perhaps be possible to regard unsoundness of mind for all these purposes ..... , 'mental disorder is an impendiment to marriage, because a mentally disordered person cannto give that rational consent which is necessary to the validity of a contract.'. ....... 'the marriage of a person of unsound mind will be invalidated where there exists sufficient incapacity, by reason of this unsoundness, either to comprehend ..... so found by inquisition was nto disqualified if at the time of the marriage he or she was capable of understanding the nature of the contract and the duties and responsibilities thereby created, and was free from the influence of insane delusions on the subject. (19, halsbury's laws of ..... and the marriage which might have been gone through was void ipso jure. in durham (5) , sir james hannen (president) said that the contract of marriage is a very simple one which does nto require a high degree of intelligence to comprehend.' in marrod v. harrod (6) a dumb ..... the nature or fulfill the physical conditions of the marraiage contract'. there is absolutely no evidence in the present case to show that the wife is unable to comprehend the nature or fulfill the physical .....

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Mar 18 1969 (HC)

The State of Madras Represented by Its Chief Secretary, Govt. of Madra ...

Court : Chennai

Decided on : Mar-18-1969

Reported in : AIR1970Mad316; [1969]24STC274(Mad)

..... the constitution, for example, the provision contained in the madhya bharat sales tax act assessing importers but exempting local products, or the provision in cannon dunkerley's case assessing works contracts which did not involve sales and was therefore, ultra vires, or a provision to assess hire purchases which have been held to be not sales for the purpose of the ..... of that statute or anv of the provisions thereof under which it functions. in the above case, the supreme court had to consider a transaction which was admittedly a works contract. under tha sales tax law in force before the decision of the madras high court in cannon dunkerley and co. v. state of madras, (1954) 5 stc 216 = (air 1954 ..... what has been paid by him is one paid under a mistake of fact and law and therefore, refundable under the general principle stated in section 72 of the indian contract act. (2) under the scheme of the sales tax act, the assessing authority is also given power to decide the jurisdictional question which arises in such cases, namely whether a ..... mad 1130) turnover under works contract was assessable. but the madras high court held in that decision that the inclusion of works contract in the definition of sales was ultra vires, and this decision was confirmed by the supreme court in state of madras v .....

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Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

Decided on : Apr-01-1969

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

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Dec 31 1969 (HC)

Ganga NaraIn Vs. the Municipal Board of Cawnpore

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All313

..... boards are not entrusted with public moneys in order that they may employ them in inducing other persons to break their lawful contracts. however, the indemnity bond was given; the cantonment market was closed, and thereupon customers who had formerly attended the market of the municipal board ..... to get back their customers, and t on this occasion they had no cantonment authorities, who would be willing to close a market on receiving an indemnity, to deal with; they had to deal with the plaintiff in this suit. on the 23rd of july 1892, they served the plaintiff with ..... the request of the municipal board, and that they insisted upon having an indemnity bond to secure them against loss by any damages which might be awarded to the persons with whom they were about to break their contract. whether the cantonment authorities would have been liable in damages or not, ..... that the municipal board of cawnpore authorized the execution of an indemnity bond, and the bond was apparently given, signed by the chairman. whether the municipal board of cawnpore intended, if the cantonment authorities were made liable for their breach of contract, to pay the damages out of the public moneys of ..... and whether or not they had the power to put an end to the lease granted to their contractors are beside the question here. what we know is that the cantonment authorities thought it reasonable that they should get an indemnity .....

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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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Sep 02 1969 (SC)

Prem Krishna and anr. Vs. Krishinchand Chellaram and anr.

Court : Supreme Court of India

Decided on : Sep-02-1969

Reported in : 1969(2)LC607(SC)

..... displaced person, having a verified claim, the compensation in respect of which exceeds the amount of deposit he may instead of making a deposit execute an indemnity bond in the prescribed form. the initial deposit would be refunded under clause 9 of the rule if the compensation payable to such purchaser exceeds the ..... 2) declaration of the highest bidder by the officer conducting the auction; (3) deposit by such bidder of 10% of the purchase price or execution of an indemnity bond in the case of a displaced person; (4) approval of the bid by the settlement commissioner; and (5) payment of the balance of price by ..... purchase price. under clause 10, the bid in respect of which the deposit has been accepted or in respect of when an indemnity bond has been executed is subject to the approval of the settlement commissioner clause 11 requires an auction purchaser within 15 days after the receipt by ..... if that was not done, 10% of the bid offered by them would be deducted from the net compensation due to them as provided by the indemnity bond executed by them at the conclusion of the said auction. by a memorandum dated february 1, 1958 the settlement commissioner informed respondents 1 that ..... no claim to the property if he fails to do that shows that the approval of the bid makes the contract for the sale of the property to the auction purchaser a binding contract but the transfer of the property takes place upon the issue of the certificate. it is, however, clear from .....

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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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Dec 31 1969 (FN)

Camp Vs. United States

Court : US Supreme Court

Decided on : Dec-31-1969

..... that he had assured the claimant by the arrangement that the secretary would allow to him twenty-five percent of the proceeds of the cotton at least. no bond of indemnity was given by the claimant. by the arrangement, the claimant was also to pay to the agent hart out of the proceeds, when received by him, from page 113 ..... special agent, and not, as alleged in the petition, a supervising special agent of the treasury department. under them, only supervising special agents could bind the united states by contracts with parties proposing, for compensation, to collect and deliver captured and abandoned property. they could not allow more than twenty-five percent of the proceeds without referring the matter to ..... arrangement with hart as obligatory upon the government, but was at liberty, without violating any legal rights that camp had, to allow less compensation than was ordinarily allowed under written contracts made by supervising special agents. indeed, had the secretary, in view of the nonconformity of the proceedings to his regulations, determined not to allow any compensation whatever, it is ..... with an assistant special agent who had no authority whatever to bind the united states in respect of compensation presents no stronger case in law for compensation as upon implied contract than if they were voluntarily rendered without such previous arrangement. an interpretation of the regulations in question different from that indicated would have resulted in transferring to the courts .....

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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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