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Gajanan Moreshwar v. Moreshwar Madan (1942) 44 BOMLR 703 (Section 124 of Indian Contract Act, when indemnity can be claimed) FACTS: Plaintiff (P) got a plot of land on lease from municipal corp. of Mumbai. P allowed Defendant (D) to erect building on that land. D, in this course, incurred debt of Rs.5ooo from building material supplier (K), twice.
Dec 1, 2021 · FACTS. In 1934, the plaintiff (Mr. Gajanan Moreshwar Parelkar) and the BMC had a lease agreement for a period of 999 years, whereby BMC gave the plaintiff a particular piece of land in exchange for the lease amount. The defendant (Mr. Moreshwar Madan Mantri) then asked the plaintiff to transfer the benefit of that lease to him.
Synopsis . The synopsis of the case can be considered in the manner that it was meant to be a simple case of contract breach or an Indian contract that can be claimed by the plaintiff from the defendant.
- Introduction
- Origin and Growth of Contract of Indemnity Under English Law
- Provisions Under English Law and Its Enforceability
- Origin and Growth of Contract of Indemnity Under Indian Law
- Provisions of A Contract of Indemnity Under Indian Law
- Rights of Indemnifier
- Conclusion
- References
Contract of Indemnity can be defined as doing something good for a person who is suffering any loss or helping him like that his previous condition has been restored. “Indemnity can be considered as sub-species of compensation or damages” whereas contract of indemnity can be treated as species or a type of contract, more specifically the contract o...
The principle of contract of indemnity originated under English law in the landmark judgment of Adamson v/s Jarvis.
Basically, contract of indemnity is a wider concept in English law as compared to Indian law, because in English law all the matters are looked upon which are related not only because of the acts of some individual but also arises from some event or accident in case of fire or act of God. In order to define the contract of indemnity under English i...
In India, the contract of indemnity originated in the case Osman Jamal & Sons Ltd v/s Gopal Purshotam. These are the facts of the case:
Contract of indemnity under Indian law is a narrow concept because the matters in which human beings are involved which is prescribed under Section 124 of the Indian Contract Act 1872. Indian law only covers expressed contracts of indemnity. The essentials of contract of indemnity are as follows: 1) There are two parties, indemnity holder and indem...
As we talk about the rights of indemnifiers are not given under contract of indemnity but they have similar rights as the same as given in guarantee. The major difference between the two is as follows-
In India, all matters are looked upon where losses are incurred due to the promisor himself or any other third party whereas in England all the matters are looked upon where a loss incurs from any person as well as from any accident. The original rule in England was that first indemnity holder incurs a loss then he will be indemnified but further t...
- Ayush Verma
On July 29, 1939, the plaintiff at the request of the defendant wrote a letter to the Bombay Municipality asking them to transfer the plot of land to the name of the defendant. The transfer was duly sanctioned by the Improvement Committee of the Bombay Municipality on August 26, 1939.
This has been explained in the case of Gajanan Moreshwar Parlekar v Moreshwar Madan Mantri [iii]. Here the courts acknowledged that the indemnity might be very little indeed if the indemnified could not enforce his indemnity till he had actually paid the loss.
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This case analysis discusses the 1942 case Gajanan Moreshwar Parelkar v. Moreshwar Madan Mantri. It involves a dispute over land that was mortgaged multiple times by the plaintiff at the request of the defendant to pay suppliers.
