AIR 1942 BOMBAY 302

Bombay High Court

Hon'ble Judge(s): Chagla , J

(A) Contract Act (9 of 1872) , — Scope - Act is not exhaustive. The Contract Act is both an amending and a consolidating Act, and it is not exhaustive of the law of contract to be applied by the Courts in India.(Para 308c) (B) Contract Act (9 of 1872) , S.124, S.125— Scope of S.124 and S.125, Explained - Absolute liability incurred by indemnified - Indemnifier can be made to save indemnified from such liability. Section 124 deals only with one particular kind of indemnity which arises from a promise made by the indemnifier to save the indemnified from the loss caused to him by the conduct of the indemnifier himself or by the conduct of any other person, but does not deal with those classes of cases where the indemnity arises from loss caused by events or accidents which do not or may not depend upon the conduct of the indemnifier or any other person, or by reason of liability incurred by something done by the indemnified at the request of the indemnifier. Section 125 only deals with the rights of the indemnity-holder in the event of his being sued. The section is by no means exhaustive of the rights of the indemnity-holder. The indemnity-holder has other rights besides those mentioned in S. 125. If the indemnified has incurred a liability and....