Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kolkata appellate Year: 2011 Page 1 of about 54 results (0.034 seconds)

Mar 23 2011 (HC)

icici Bank Limited. Vs. Limtex (India) Limited.

Court : Kolkata Appellate

Decided on : Mar-23-2011

..... any one of them. it has been observed that such an agreement is not contrary to public policy and in no way contravenes section 28 of the contract act, 1872. 17. this decision of new moga transport company (supra) is quite applicable in the instant situation. so, by the agreement between the parties, parties ..... of air 1989 sc 1239 and 1995(4) scc 153. the contract has, therefore, to be properly construed. therefore, i am of the view that the present case is in consonance with the case of hanil era textiles ..... exclusio alterius may be applied. what is an appropriate case, shall depend on the facts of the case. when certain jurisdiction is specified in a contract and intention is to exclude all others from its operation, in such a case mention of one thing may imply exclusion of another, when certain jurisdiction ..... is specified in a contract, an intention to exclude all other from its operation may in such cases be inferred. 19. such a view has been adopted on the basis ..... required to pay the deficit court fees over the suit valuation. 25. now, section 18 of the recovery of debts due to banks and financial institutions act, 1993 clearly bars the jurisdiction of the court to entertain such claim. only the competent debts recovery tribunal has the jurisdiction to entertain such a claim between .....

Tag this Judgment!

Feb 22 2011 (HC)

M/S. Indian Iron and Steel Company Limited. Vs. State of West Bengal a ...

Court : Kolkata Appellate

Decided on : Feb-22-2011

..... . it was also urged that no licence was produced by the company as is required to be obtained by a contractor under the contract labour (regulation and abolition) act (hereafter the clra act). lastly, he submitted that the court ought to lift the veil for reaching a finding as to whether relationship of employer-employee existed between the company ..... action. insofar as supervision and control exercised by the officers of the company on the added respondents are concerned, it is quite but natural that the contract labour while performing functions would have to act in terms of the directions of the officers of the company who would mark their attendance and allot work to them and also in respect of all ..... all exist. he thereafter contended that the added respondents were paid bonus by the company in terms of the payment of bonus act (hereafter the bonus act). the provisions of the bonus act do not contemplate payment of bonus to contract labours and this itself is sufficient to lead one to the irresistible conclusion that the added respondents are direct employees of the company ..... did not obtain the necessary licence, it would be open to the authority concerned to take action against it under section 23 of the clra act but for that the company cannot be penalized and the contract labours employed by such erring contractor be thrust upon it. non-obtention of licence, without anything more, would not clothe the added respondents with any .....

Tag this Judgment!

Jan 21 2011 (HC)

State of West Bengal Vs. J and S Industries.

Court : Kolkata Appellate

Decided on : Jan-21-2011

..... are as follows:- 3. the parties entered into a contract in respect of construction of a building for biological production centre in the compound of bengal veterinary college, kolkata. the agreement was a product of a tender ..... that it will be entirely a wrong to mix up the two aspects, namely, whether there was any valid claim for reference under section 20 of the act and, secondly, whether the claim to be adjudicated by the learned arbitrator, was barred by lapse of time. the second is a matter which the learned ..... own opinion on appreciation of the evidence. such a course is not permissible to the high court while examining objections to the award under section 30 of the arbitration act, 1940. 20. in union of india v. n.p. singh (supra) where the court held as follows : first, unless it can be shown by ..... further stated that the state has failed to point out the error of law and fact as alleged and further it is stated that under the old act of 1940, it is not necessary for the learned arbitrator to give reasons in respect of the award so published by him and further the learned ..... case no 1338 of 2003 and title suit no 81 of 2003. the said learned court dismissed an application instituted under sections 30 and 33 of the arbitration act, 1940 by the state of west bengal challenging an award published on 30th december, 2002 by the learned arbitrator. 2. the facts of the case briefly .....

Tag this Judgment!

Feb 14 2011 (HC)

interior Installation Vs. Boc India Limited

Court : Kolkata Appellate

Decided on : Feb-14-2011

..... an arbitrator appointed on mutual agreement. 2. the plaintiff/opposite party instituted the suit on the allegation that the defendant/petitioner had committed breach of contract and was, therefore, liable for damages. 23. the petition of the defendant/petitioner was taken up for consideration by the learned civil judge ( ..... (2009) 1 scc 372]. for the foregoing reasons, we hold that in the absence of an arbitration agreement, the application under section 11 of the act was not maintainable. (italics in original) 21. the other decisions cited by him have been duly considered. each and every decision need not be dealt ..... circumstances, rightly observed that the defendant/petitioner was bound by the terms of the purchase order and that the provision of section 8 of the act would be inapplicable in the present case. 20. one decision cited by mr. buddhadev ghoshal provides a complete answer to the issue raised herein ..... the court having jurisdiction was also preserved thereby in the event of the parties failing to appoint an arbitrator, whom they mutually agree to act as such. 18. it is, therefore, necessary for a decision on this application to ascertain how and under what circumstances a party to ..... 2008 instituted by the plaintiff/opposite party. a petition was filed by the defendant/petitioner under section 8(1) of the arbitration and conciliation act, 1996 on december 15, 2008. an objection regarding maintainability of the suit in question before the civil court was raised therein on the .....

Tag this Judgment!

Feb 25 2011 (HC)

Rabindra Nath Bera Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Feb-25-2011

..... name with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for purposes for which it is constituted.west bengal criminal law ..... offences mentioned therein with the sanction of the registrar of the co-operative societies. the question obviously comes in when some penal offences mentioned therein (act 1983) are akin to some offences like under section 406, 409, 420 of ipc, whether a secretary of a co-operative society can be ..... court acceptable. although section 409 ipc being an offence coming within the purview of special court constituted under west bengal criminal law amendment (special court act), 1949 under item no. 2 of the schedule, the special court can only take cognizance under section 409 of ipc when the offence has ..... 409 ipc etc. and offences under section 409 ipc comes within the purview of special court constituted under west bengal criminal law amendment (special court) act, 1949, under item no. ii of the schedule, the special court can take cognizance only if the offence is committed by a public servant ..... cause under two enactments which amounts to double jeopardy ; andc) that no sanction under section 139(3) of the west bengal co-0perative societies act was obtained prior to prosecuting the petitioner who happened to be the secretary of the society.3) the learned court upon consideration of the materials .....

Tag this Judgment!

Feb 11 2011 (HC)

Haladhar Sasmal and ors. Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Feb-11-2011

..... registered name with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for purposes for which it is constituted.25. west ..... offence under section 420 i.p.c. only by a special court as provided under section 4 of the west bengal criminal law (amendment act) act 1949, (act 21 of 1949).2. mr. somopriya chowdhury, learned advocate appearing for the petitioner submits in respect of his first contention that once an ..... ipc etc. and offences under section 409 ipc comes within the purview of special court constituted under west bengal criminal law amendment (special court) act, 1949, under item no. iii of the schedule, the special court can take cognizance only if the offence is committed by a public servant ..... . the learned single judge in k.k. kumaran (supra) came to a conclusion that since the w.b. criminal law amendment (special court) act, 1949 starts with non-obstante clause viz, notwithstanding anything contained in the criminal procedure code or any other law ., a magistrate has no jurisdiction to take cognizance ..... and found that the fund of state co-operative society was mis-appropriated by gopinath panja and haladhar sasmal (the petitioner herein) who were alternatively acted as secretary and chairman of the society during their tenure as such. as a result, the society suffered huge financial losses on the basis of .....

Tag this Judgment!

Mar 11 2011 (HC)

M/S Padrone Marketing (P) Ltd. Vs. Controller of Thika Tenancy and ors ...

Court : Kolkata Appellate

Decided on : Mar-11-2011

..... . however, the said shew prosad roy had never claimed that he had obtained any consent and/or concurrence of the landlord nor there was any contract of tenancy or otherwise for the purpose of occupying the portion of the premises in question. 6. after the death of said shew prosad roy ..... which is required for establishing a khatal under the provisions in terms of section 2(5) of the west bengal thika tenancy (acquisition and regulation) act, 2001. 23. the learned counsel, representing srimati surenga devi, admitted at the time of hearing before this court that neither srimati surenga devi nor ..... derived from such cattle so as to attract the definition of khatal under section 2(5) of the west bengal thika tenancy (acquisition and regulation) act, 2001. 15. at the time of hearing of the writ petition the learned counsel, representing srimati surenga devi had repeatedly emphasized that srimati surenga ..... property in question has vested to the state of west bengal under section 4(b) of the west bengal thika tenancy (acquisition and regulation) act, 2001 in view of existence of khatal as recorded in the inspection book of the kolkata municipal corporation ignoring the fact that srimati surenga devi ..... devi failed to put sufficient evidence to attract provision of clause (a) of section 4 of the west bengal thika tenancy (acquisition and regulation) act, 2001 over the premises in question so that her name may be mutated to realise rent from her as thika tenant, because provision of section .....

Tag this Judgment!

Jan 04 2011 (HC)

Calcutta Metropolitan Group Limited. Vs. Bidyut Kumar Banerjee and ors ...

Court : Kolkata Appellate

Decided on : Jan-04-2011

..... is totally misconceived. therefore, the can application being no.6011 of 2009 is hereby rejected.8. since the lis between the original plaintiffs and the developer arose out of private contract between them and all the rights, interests and contentions between the parties shall be determined according to the deeds of agreement between them and subsequent the deed of sale, i ..... and not beyond that. the suit has been filed as stated above mainly for compensation and injunction for the personal inconvenience caused to the two flat owners. in fact, a contract to have a flat was done between the owners of the flat and the developer and the so-called association was not in the picture at all. the rights, liabilities ..... ) 4 scc 458 particularly paragraph no.5.mr. mitra thus submits that even if a company has a single shareholder, in the eye of law, a company registered under companies act has a distinct legal entity and it is altogether a separate one from its shareholder, and3. new redbank tea co. pvt. ltd. v. kumkum mittal and ors. reported in (1994 ..... any time.5. as per materials on record, there is an association of the flat owners known as hiland park residents association limited, a body corporate registered under the companies act, 1956 and this association was formed in the year 2004 meaning thereby it was very much in existence at the time of filing of the suit. when public notice was .....

Tag this Judgment!

Jan 06 2011 (HC)

M/S. Nvr Steels and anr. Vs. Union of India and ors.

Court : Kolkata Appellate

Decided on : Jan-06-2011

..... deliver unsupplied materials which have been fallen due from 3rd installment without any further delay. 2. by the letter dated august 27, 2010 (at p.108) mstc ltd. terminated the contract in exercise of power conferred by cl.8(d) of stc of the tender concerned, and questioning the action the petitioners have brought this petition. 3. mr bose, counsel for ..... to your petitioners and the reliefs prayed for hereinafter, if granted, would afford complete relief to your petitioners. 5. nowhere in the petition the petitioners have stated that though the contract provided for remedy before the arbitrator, they are approaching the high court under art.226 for any specific reason. 6. in my opinion, when the ..... seek interim relief under provisions of the arbitration and conciliation act, 1996. 7. for these reasons, the petition is dismissed. no costs. certified xerox. ..... contract between the parties provided for remedy before the arbitrator, there is no reason to permit the petitioners to approach the high court under art.226. all questions concerning the termination of the contract could be raised before the arbitral tribunal and the petitioners were also free to .....

Tag this Judgment!

Apr 13 2011 (HC)

Birla Corporation Ltd. Vs.

Court : Kolkata Appellate

Decided on : Apr-13-2011

..... status and is not entitled to the benefits of protection against eviction. it has further been held therein that in the absence of any privet of contract, the unauthorized sub tenancy is not binding on the superior landlord who can evict such a sub-tenant in execution of a decree for eviction ..... took the sub-lease. the law allows this and so the omission cannot be said to be an improper act. 17. mr. sengupta is also right in his contention that there is no privet of contract between the opposite party no.1 and the petitioner and, therefore, on the authority of the decision in balavant ..... held by him. the observation that demolishes the claim of the petitioner is that when a sub-tenancy is created after the commencement of the 1956 act without prior consent of the superior landlord, such a landlord is not required to make such a sub-tenant a defendant in the suit for ..... since 1971 under a tripartite agreement as between the plaintiff, the defendant and the petitioner and that such agreement constitutes the necessary consent contemplated by the act of 1956 and (ii) that the plaintiff and the defendant being two sister concerns managed by the same set of directors were really trying to ..... mr. mukherjee in reply cited the bench decision reported in 1981 (1) clj 339 (debabrata mukherjee vs. kalyan kumar roy) for the proposition that the act of 1956 is a social legislation enacted primarily for the welfare of the tenants and does not express any intention that a sub-tenant who is inducted .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //