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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kolkata Year: 2011 Page 1 of about 145 results (0.039 seconds)

Jan 21 2011 (HC)

State Bank of India and ors. Vs. Guru Ispat Limited

Court : Kolkata

Decided on : Jan-21-2011

..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act, 1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, ..... to recover the amount mentioned in the letter dated 2nd august, 1994 from the maturity value orf the fixed deposits by exercising its rights under section 171 of the indian contract act, 1872. it is further submitted that the writ court did not decide the actual rights and liabilities of the parties to each other and without ascertaining such rights and liabilities of ..... since the writ court has already relegated the demand made by the appellant to the appropriate civil court in exercise of writ petitioners right under section 171 of the indian contract act, 1872. therefore, the writ court cannot direct the appellant to make any payment to the writ petitioners arising out of the transaction without the matter being decided by the appropriate ..... asserted a pure private law contractual right. in my view, the petitioners, questioning the validity of sbis demand and consequential exercise of its right under s. 171 of the indian contract act,1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to sbis s. 171 action. i am, however, unable to see how sbi, .....

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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 .....

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Jan 06 2011 (HC)

State of West Bengal Vs. Afcon Infrastructure Ltd.

Court : Kolkata

Decided on : Jan-06-2011

..... be given, but notices have been given. therefore, this is a contrary finding which bars the petitioner from relying on section 55 of the contract act, 1872 and is contrary to law and to public policy. for the said proposition reliance is placed on air 2002 sc 1272 and air 1990 andhra ..... rejection of the counter claim are based on the finding that no liquidated damages were levied. time was the essence of the contract and section 55(iii) of the contract act, 1872 was inapplicable as no notice was given and liquidated damages were released to meet the financial crunch. 2.3 clause 53 ..... contemplated issuance of an auditors certificate and not statement of accounts. the rebate was granted only on the condition that all four contract packages be awarded to ..... to the respondent, therefore, not only is the respondents claim on account of liquidated damages rightly rejected but reliance on section 55 of the contract act can also not be faulted, and air 2002 sc 1272 does not come to the aid of the petitioner although in principle the circumstances in ..... existed and no change was being effected therewith the correction cannot be faulted. 6.11 although the non-applicability of section 55 of the contract act has been espoused but the same cannot be accepted as the extension was granted without any objection raised. in fact sums retained on account of .....

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Sep 19 2011 (HC)

Union of India Vs. Supriya Kumar Saha

Court : Kolkata

Decided on : Sep-19-2011

..... to the other contractor without intimating respondent. which according to the respondent is contrary and arbitrary to the general principles of law as well as violating the principle of indian contract act, 1872. it was claimed that within the extended period i.e. 28th january, 1999 the respondent completed his part of work and also extra work and new items within full and ..... arbitrator who has passed the impugned award which is under challenged in the instant petition. mr. p. s. basu, learned counsel appearing for the petitioner submitted that according to the contract, the completion period was to expire on 13th august, 1998. since the respondent could not complete the work within the original contractual period, the time to complete the said work ..... representative/officer which is a conclusive proof of the work done by the respondent and is binding on the respondent in accordance with the provisions of the general conditions of contract. it was also submitted that the respondent fail to deliver diverse quantities of raw materials like cement, rod, etc. which was supplied to him for the aforesaid construction but could ..... respondent was in any event premature since the respondent prior to approaching the court for appointment of arbitrator did not follow the procedure laid down in the general conditions of contract." the learned arbitrator heard the matter and passed his award on 15th june, 2007 which was received by the petitioner from the advocate at 25th june, 2007. it was .....

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Dec 02 2011 (HC)

Castron Technologies Limited and Vs. Castron Mining Limited

Court : Kolkata

Decided on : Dec-02-2011

..... 1969 supreme court 110 holds that the doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and, hence, comes within the purview of section 56 of the indian contract act, 1872. however, the provisions of the said section cannot apply to ..... frustrated the contract, arises from the act or election of a party. in this case, ctl, unilaterally ..... a case of "self-inducted frustration". in other words, the doctrine of frustration of contract cannot apply where the event, which is alleged to have ..... transfer; the state of jharkhand has executed a deed of rectification substituting the name of cml instead of and in place of ctl. mr. mitra, finally, submits that the contract to transfer the mining lease is not invalid between the parties subject, however, to sanction from the proper authorities. moreover, authorities have already granted sanction to such transfer. rule .....

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Jan 21 2011 (HC)

Gulf (Oil) Corporation Limited Vs. Steel Authority of India and ors.

Court : Kolkata

Decided on : Jan-21-2011

..... it came to the knowledge of the petitioner, that is when he received the letter, the communication of acceptance became complete against the respondents. 36.under section 5 of the contract act, the proposal could be revoked at any time before the communication of the acceptance was complete as against the petitioner, but no afterwards. therefore, in this case, the petitioner could ..... whether the arbitration clause still remains intact. for deciding this, recourse would have to be taken to section 4 of the indian contract act. it is as under : .. 35. it is obvious that the advertisement by the respondents for tenders was an invitation to make an offer. therefore, when the petitioner submitted to the ..... / iisco mines. therefore, it would be evident that the agreement was concluded and the conduct of the parties would show that parties have acted on the basis of a concluded contract. 32. in these circumstances, he submitted that this appeal should be dismissed since the appeal has no merit. 33. after considering the facts and circumstances of this ..... ). 31. it is the case of the respondent that the offer by the claimant and acceptance by sail was complete and the contract was concluded and the claimant was under an obligation to act in terms of the concluded contract i.e. to accept the letter of intent wherein it was specifically mentioned that the formal orders will be released by respective sail .....

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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 .....

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Jun 29 2011 (HC)

Qamrul Hoda Vs. Md. Wakil Khan and ors.

Court : Kolkata

Decided on : Jun-29-2011

..... written statement it would not be open to the court to go into the fact whether in fact the suit in view of section 230 of the contract act was or is not maintainable. 16. it is true that the court cannot look into the veracity of the statement sought to be incorporated by ..... the amendment application we find that the appellant in its prayer for amendment has only taken an additional defence that in view of section 230 of the contract act, the suit itself is not maintainable. it is well settled, as noted herein earlier, that at the time of considering the prayer for amendment of ..... appellant-plaintiff contends that the same does not fall under the said entry but falls under entry 64 or 65 of the said schedule of the limitation act which provides for a limitation of 12 years, therefore, according to them the prayer for declaration of title is not barred by limitation, therefore, both ..... and it is not an admitted fact. while the learned counsel for the defendant-respondents pleaded that under entry 58 of the schedule to the limitation act, the declaration sought for by the appellants in this case ought to have been done within 3 years when the right to sue first accrued, the ..... the limitation has not been taken as a ground of defence. thus he contends that the cumulative effect of article 58 and section 3 of the limitation act is that the court is empowered to dismiss the amendment application having been barred under the law of limitation. 8. having heard the submission as aforesaid .....

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Jan 21 2011 (HC)

indoworth India Ltd. Vs. Icici Bank Ltd. and ors.

Court : Kolkata

Decided on : Jan-21-2011

..... immovable property. as such in the decree itself there must be a final determination of the court with regard to enforceability of the contract. i am of the considered opinion unless those conditions are satisfied section 28 of the act of 1963 cannot be invoked. in the context of the aforesaid discussion it is necessary to examine the case of the applicant ..... find that only issue is whether the applicant herein is entitled to get relief under section 28 of the act of 1963. accordingly provision of section 28 of the act of 1963 is set out hereinunder:section 28. rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.-(1) where in ..... 20th september 2007 does not even envisage appointment of custodian. according to him restoration of possession under section 28 of act of 1963 arises under sub-section (2) thereof, only in case the purchaser having obtained possession of the property under the contract for sale. it is nowhere alleged in the petition that possession of the said three units of the defendant ..... 1963) he urges that the court shall direct the purchaser if he has obtained possession of the property under contract to restore possession to the vendor. by virtue of section 28 sub-section 4 of the act of 1963 he submits that no separate suit in respect of any relief which may be claimed under this section shall lie at the instance .....

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Sep 14 2011 (HC)

Rajiv Garg Vs. L and T Finance Ltd. and anr

Court : Kolkata

Decided on : Sep-14-2011

..... position of a guarantor as provided in section 126 of the contract act and the extent of his liability as provided in section 128 thereof which are quoted below: "126. "contract of guarantee", "surety", "principal debtor" and "creditor".--a "contract of guarantee" is a contract to perform the promise, or discharge the liability, of a ..... he had control for the benefit of the members of the company." thus, the said principle does not apply to a case of a simple contract for guarantee where there is no entrustment of any property or right of the creditor 11 upon the guarantor so as to bring the former ..... in y, the latter has no liability to account for the same to the former in a fiduciary capacity. thus, by virtue of a simple contract of guarantee, no property of the creditor being entrusted to the surety, the latter has no higher liability to account to the creditor than that ..... default by such third party and his liability is merely co-extensive with that of the principal debtor unless otherwise provided by the contract. but simply in view of such contract, a guarantor does not place himself in a fiduciary capacity towards the creditor and consequently, has although the liability to account ..... liability.--the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract." thus, a guarantor by virtue of a contract of guarantee takes upon himself the duty to perform the promise or to discharge the liability of a third person in 7 .....

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