question is whether the appellant is debarred from relying on an indemnity implied under the common law of India, which, in this respect, is identical ... indemnity could not be implied under this Act because of Section 21, which in his judgment excludes any implied indemnity because it gives a right
their certificate that
payees account will be credited and an implied indemnity,
indemnifying this defendant against claim or loss that may
arise due to payment ... their certificate that
payees account will be credited and an implied indemnity,
indemnifying this defendant against claim or loss that may
48
arise
indemnity. But, in our opinion, the
provisions of Art. 83 are also applicable to a case where
the contract of indemnity is implied ... competition, together
with an indemnity against the incumbrances
affecting the land. The contract of indemnity
may be express or implied. If the purchaser
covenants with
could be maintained in the civil Court for enforcing a claim to indemnity in terms of Section 13 of the Act.
6. Certain principles ... Section 69 is significant. Learned Counsel referred to the principle of implied indemnity set out in Chitty on Contracts, Twenty-second Edition, Volume
solely as surety : in such a case the right to indemnity is implied. Section 145 . Next there is the case of a person ... rather than to Section 145 which refers to a contract for indemnity implied between a person who, contracts expressly and solely as a surety
there was no evidence to go ? to the jury of any implied indemnity by the defendants, the ship owners in respect of any liability ... indemnity was implied. But there the request was to do a perfectly lawful act and there was, therefore, no implied promise of indemnity
debtor would have no right of indemnity left, and, therefore, his indemnity against such creditor would not be complete, as it had been intended ... satisfying the claim of the hospital in the way which the indemnity implies, but as part of the general assets, and I will give
section 69 is significant. Learned counsel referred to the principle of implied indemnity set out in Chitty on Contracts, 22nd Edn., Vol. II, in Para ... principle as regards implied indemnities is thus stated:
"In many cases the law implies a promise to indemnity. If the circumstances are such that
consider the present sale deed implies, is or is there not an implied contract of indemnity, and if there is a contract of indemnity does ... indemnity, it is not necessary that there should always be an express clause of indemnity. A contract of indemnity may be express or implied
properties. In all cases of partition, therefore, there is an implied indemnity given by each co-sharer to the others. The law implies that ... well have added that it follows from the rule of mutual indemnity implied in every partition. The law has been stated by Mayne
