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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 7 of about 477 results (0.041 seconds)

Apr 08 1969 (HC)

Doraipandi Konar Vs. P. Sundara Pathar

Court : Chennai

Decided on : Apr-08-1969

Reported in : AIR1970Mad291

..... petitioner. as observed in chedilal v, bhagwandas, ilr(1889) all 234 , by the use of the word 'lawfully' in section 70 of the indian contract act, the legislature had in contemplation cases in which a person held such a relation to another as either directly to create or by implication reasonably to ..... for in the agreement. the observation of the court that the obligations undertaken by the tenant or the landlord to effect repairs by virtue of the contract will be imported into the terms of the statutory tenancy is consistent with, and, indeed, is in pursuance of the provisions of the act themselves, ..... there is no general saving clause in the rent control act of 1960 to the effect that the provisions of the act are subject to the contracts of tenancy, on the other hand, the legislature has, wherever it thought fit that the rights and obligations found in the tenancy agreement should be ..... rent payable in respect of the building for that year.' 9. section 108 of the transfer of property act states thus:--'in the absence of a contract or local usage to the contrary, the lessor and lessee of immoveable property, as against the one another, respectively, possess the rights and are subject ..... the entire amount claimed by him. hence the revision. it may be observed that he, however, repelled the contention that section 70 of the indian contract act was applicable to this case.5. the first question which arises for consideration is whether the respondent is entitled to base his claim upon the .....

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Mar 03 1969 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : Mar-03-1969

..... may already have ripened because of past events but which is called into question for the first time in a domestic lawsuit. the latter, we believe, would approach an impermissible contraction of territory against which we cautioned in united states v. california. see n 9, supra. mr. justice black, with whom mr. justice douglas joins, dissenting. we must decide in this ..... not abandon that stance solely to gain advantage in a lawsuit to the detriment of louisiana. cf. united states v. california, 381 u. s. 139 , 381 u. s. 168 : "[a] contraction of a state's recognized territory imposed by the federal government in the name of foreign policy would be highly questionable." we do not intend to preclude louisiana from arguing ..... the width and the penetration of the indentation. [ footnote 76 ] " page 394 u. s. 57 it is evident, louisiana argues, that article 7(3) was designed to enlarge, rather than contract the area of inland waters, and that this policy would not be served by permitting islands intersected by a direct closing line between the mainland headlands to pull that line .....

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Dec 24 1969 (HC)

P. Janardhana Shetty Vs. Union of India and ors.

Court : Karnataka

Decided on : Dec-24-1969

Reported in : [1970(20)FLR355]; ILR1969KAR581; (1970)IILLJ738Kant; (1970)1MysLJ191

..... because notoriously silicosis is a disease of slow onset and it cannot be supposed that the legislature intended that every worker disabled after 1946, must prove that the disease was contracted or that the damage was done to him after 1946, which would involve there being a long period of many years of uncertainty. 90. but in regard to s. 2 ..... in respect of something that has already happened, because generally it would not be reasonable for a legislature to do that. so, if a worker has already sustained injury or contracted disease at a time when the employer is under no statutory liability to him arising out of that injury or disease, there would in general be a presumption that an ..... such tort, contract, debt, or obligation'. 79. by s. 4 of that act, it is provided that nothing in part i of the act, should affect any legal proceedings in respect of any ..... reason only of his being her husband, be liable to (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or (b) to be sued, or made a party to any legal proceeding brought, in respect of any .....

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Feb 04 1969 (HC)

M.S. Devoraj Vs. S.V. Krishnamurthy

Court : Karnataka

Decided on : Feb-04-1969

Reported in : AIR1969Kant350; AIR1969Mys350; (1969)2MysLJ580

..... this particular case such a contingency does not arise. it is clear from the documents that i have referred to that the plaintiff had entered into a contract with the contractor for an on behalf of the principal, i.e. the defendant. knowing this well, if the contractor had chosen to initiate any ..... if the plaintiff in those circumstances made a payment, it would be voluntary and officious and cannot secure him the benefit of s. 70 of the contract act. this decision also lays down the proposition that in order to claim the benefit of s. 70, it must be shown that the defendants had ..... with discretion they enable the courts to do substantial justice in cases where it would be difficult to impute to the persons concerned relations actually created by contract. it is, however, especially incumbent of final courts of fact to be guarded and circumspect in their conclusions and not to countenance acts or payments ..... mentioned above, that is, the scope of section 70 of the act with reference to the facts of this case.5. section 70 of the contract act reads as follows:--'where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such ..... 4027/- by the defendant (plaintiff ?) was not lawful but voluntary and the plaintiff cannot have the benefit of the provisions of section 70 of the contract act. the learned district judge found that the payment made by the plaintiff though it enures to the benefit of the defendant, is no more than .....

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Dec 24 1969 (HC)

P. Janardhana Shetty and anr. Vs. the Union of India (Uoi) by Secretar ...

Court : Karnataka

Decided on : Dec-24-1969

Reported in : AIR1970Kant171; AIR1970Mys171

..... because, notoriously silicosis is a disease of slow onset and it cannot be supposed that the legislature intended that every worker disabled after 1946, must prove that the disease was contracted or that the damage was done to him after 1946, which would involve there being a long period of many years of uncertainty.77. but in regard to section 2 ..... respect of some-thing that has already happened, because generally it would not be reasonable for a legislature to do that. so, if a worker has already sustained injury or contracted a disease at a time when the employer is under no statutory liability to him arising out of that injury or disease, there would in general be a presumption that ..... such tort, contract, debt, or obligation. by section 4 of that act, it is provided that nothing in part i of the act, should affect any legal proceedings in respect of any tort ..... , by reason only of his being her husband, be liable-- (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or (b) to be sued, or made a party to any legal proceeding brought, in respect of any .....

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Dec 31 1969 (HC)

Bhagwat Das Vs. Parshad Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All602

..... but the mortgage-deed contains no such stipulation in express language, and the courts have to decide whether any such stipulation was implied in the contract of mortgage.18. in the present case i am of opinion that because the terms of the mortgage itself do not expressly state that the mortgage ..... either in foreclosure, or in obtaining possession of the mortgaged property, or in bringing such property to sale, according as the terms of the mortgage contract itself may be. but whether the debt is a simple money-debt or a debt secured by mortgage, one element is common to them all, namely ..... latter a security of property is given as the means whereby such obligation is to be discharged. the difference rests, not in the essence of the contract but in the modus operandi agreed upon by the parties in respect of discharge of the obligation of the debt. in the case of a simple ..... have already said, the nature of the mortgage being usufructuary, the period of enjoyment of possession by the mortgagee would form a substantial part of the contract, lending force to the contention that such possession and enjoyment could not be put an end to at the will of the mortgagor before the expiry ..... upon the mortgagee and that the mortgagor can enforce redemption even before the expiry of the stipulated period. a mortgage is only a kind of contract whereby certain rights and obligations are created as between the mortgagor and the mortgagee. such rights and obligations may be subjected to any terms and .....

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Dec 31 1969 (HC)

Abdul Kadir Vs. Salima and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All149

..... the muhammadan law. under that law marriage does not make her property the property of the husband, nor does coverture impose any disability upon her as to freedom of contract. the marriage contract is easily dissoluble, and the freedom of divorce and the rule of polygamy place a power in the hands of the husband which the law-giver intended to restrain ..... intercourse, and that which is implied therein and from journeying with her, even though after connubial intercourse and retirement to which she has consented, because all connubial intercourse has been contracted with her, and the rendering of some does not imperatively require the rendering of the rest. this right is for the purpose of obtaining what has been stated as prompt ..... dealing with the first point, i adopt the language employed in the tagore law lectures (1873) in saying that 'marriage among muhammadans is not a sacrament, but purely a civil contract; and though it is solemnised generally with recitation of certain verses from the kuran, yet the muhammadan law does not positively prescribe any service peculiar to the occasion. that it ..... this view of the case the reference cannot, in my opinion be satisfactorily answered without considering, first, the exact nature and effect of marriage under the muhammadan law upon the contracting parties; secondly, the exact nature of the liability of the husband to pay the dower; thirdly, the matrimonial rights of the parties as to conjugal cohabitation; and fourthly, the rules .....

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Jan 09 1969 (HC)

V.M. Nissar Ahmed and ors., Minors by Guardian and Next Friend V.C. Ab ...

Court : Chennai

Decided on : Jan-09-1969

Reported in : (1970)1MLJ512

..... partnership was not dissolved but has been continued by the fifth and sixth defendants. there can be and there is no change in the character of the partnership thereafter. the contract of partnership contemplates the male heirs of the original partners joining the partnership and continuing the business. no doubt the option is with them. 'the surviving partners, the fifth ..... partnership is a partnership at will? whether the parties to the contract of partnership could have intended, while providing in-specific terms for the continuance of the partnership business and the maintenance of the goodwill in the firm despite retirement or death ..... , the contract gave the male heirs of the deceased partner option to join in the partnership firm and continue in the business as partners. the question for consideration is whether such a ..... of the second plaintiff to have become a partner on the death of rasheed, the fifth defendant and the sixth defendant were partners, and they admittedly continued the business. the contract of partnership, while providing for the retirement of one or other of the partners, provided for its being continued without dissolution. on the death of one of the original partners .....

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Sep 16 1969 (HC)

Addepally Nageswara Rao and Brothers Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Sep-16-1969

Reported in : [1971]79ITR306(AP)

..... of the application for registration of the firm. the result, however, should not be confused with the validity or otherwise of the partnership contract itself. it may be that the partnership deed does not incorporate any terra from which it is possible to deduce as to in what ..... such a single person may have dual personality, in other words, a double capacity.33. capacity to com ract must always be distinguished from authority to contract. ' capacity ' means power to appoint oneself while ' authority ' means power to appoint another. while capacity is part of the law of status, authority ..... contractis still enforceable but at his option.28. competency of the parties is the subject-matter of sections 11 and 12 of the indian contract act. consent as effected by various circumstances is dealt with in sections 13 to 22. likewise, lawfulness of the object and consideration is dealt ..... benefits of the partnership and, consequently, the partnership deed is not violative of section 30 or any other provision of the partnership act, the contract is valid and binding upon the partners of the firm.22. although decisions construing certain instruments cannot form precedents, since the following decisions provide a ..... of the minor and gave two reasons for reaching that conclusion: firstly, that the guardian of the minor had no capacity to enter into a contract; and, secondly, the guardian would then be partner in two capacities which was not possible. it was further held that, since the partnership .....

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Dec 31 1969 (HC)

Dwarka Prasad and anr. Vs. Chatarbhuj

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All388

..... practically, so far as this court is concerned, the question is concluded. unless a case of mutual mistake is shown, the parties must be held to have contracted according to the calendar year.4. this question does not, however, determine the fact of this appeal. in either view of what the parties may have meant ..... other man believed it to be. the result would be that a court of law would be bound to hold the contract to be void. that is a state of things to which patwaris, if they think of these things, ought to pay attention, and not to persist ..... be two totally different dates separated by nearly three months interval at which the same calendar year may commence, would be to create disastrous confusion in all contracts depending on such calendar year's. for example, if we were to hole that 1298 fasli, which did in fact commence on the 29th of september ..... described as the asarh of 1298 fasli with any correctness either in law or in fact. on proof of a mutual mistake the contract could be rectified, or, without rectification of the contract, effect could be given to it according to the intention of the parties just in the same way as if rectification had formally ..... year. the result would be, if each side was found to tell the truth, that when they thought they had arrived at a contract, they had in fact arrived at no contract at all. there would in that case be no mutual mistake. each man believed that the fasli year was different from what the .....

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