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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kolkata appellate Year: 2011 Page 1 of about 54 results (0.041 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 .....

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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 .....

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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 .....

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Jan 07 2011 (HC)

Smt. Shrabani Mondal (Pal) Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

Decided on : Jan-07-2011

..... of continuous existence and succession, notwithstanding changes in its membership. in addition, it possesses the capacity as such legal entity of taking, holding and conveying property. entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may*. the ..... given in section 2(5) of the west bengal regulation of recruitment in state government establishments and establishments of public undertakings, statutory bodies and government companies and local authorities act, 1999 applies to the process of recruitment of primary teachers under the west bengal primary teachers recruitment rules, 2001 as amended up to date.24. let the matter be ..... the most important are immortality, and, if the expression may be allowed, individuality; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual. they enable a corporation to manage its own affairs, and to hold property, without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances ..... of sponsorship has been provided by special rule. therefore, this has been meant for specific and special purpose which can be termed to be a special statute. the act of 1999 has been brought into existence for regulating the recruitment method for its general application but not for any special application under the cannons of interpretation. the provisions .....

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Jan 09 2011 (HC)

Adya Pipes Private Limited. Vs. Central Bank of India and anr.

Court : Kolkata Appellate

Decided on : Jan-09-2011

..... of in accordance with law. we shall therefore enforce the secured asset by taking recourse to measures u/s 13(4) of the abovementioned act and the relates rules for realizing the banks outstanding dues.9. the undersigned being the authorised officer, in exercise of powers conferred u/s ..... apartment kolkata 700 045.dear sir,8. notice u/s 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 for possession of secured assets please refer to the demand notice dated 06.08.2010 issued u/s 13(2) of the securitization and ..... the secured assets referred to in this notice, without prior written consent of the secured creditor. we draw your attention to section 29 of securitization act, 2002, which award imprisonment up to one year or within fine or with both if you contravene the provisions of the act6. therefore, on ..... notice, failing which we will be exercising the powers under section 13 of the securitization and reconstruction of financial asset and enforcement of security interest act, 2002, against the secured assets mentioned above.7) please take note that after receipt of this notice, you shall not transfer by way of ..... 15, ganesh chandra avenue, kolakta 700013.dear sir,notice u/s 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 20021) we have, at your request granted you various credit facilities and we give below full details of credit facilities granted by us:a) cash .....

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Jan 19 2011 (HC)

Sushma Singh Vs. Rabindra Singh

Court : Kolkata Appellate

Decided on : Jan-19-2011

..... any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of the contract. so the compliance of readiness and willingness has to be in spirit and substance and not in letter and form. so to insist for a mechanical ..... section 34 of the act. in such case, the spirit and substance must prevail over the letter and form. 12. question as to whether a suit for specific performance is ..... in the plaint. all that is required is expression through words, in whatever form but not creating illusion of cause of action, that conveys the alleged acts and deeds of the defendant which, if established, would entitle the suitor to a decree declaring his right to property or title to a legal character under ..... granted but may not bar entry for adjudication. law does not require that in order to maintain a suit for declaration under section 34 of the act, mechanical reproduction of the exact words of the statute to the effect that the defendant is denying or is interested to deny the title or right ..... are two fold viz. i) the suit is barred by limitation; and ii) the suit is hit by section 34 of the specific relief act, 1963 (hereafter the act). 23. the plaintiff/opposite party no.1 contested the application under order vii rule 11 by filing a written objection. the defendant no.3/petitioner .....

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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 .....

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Jan 21 2011 (HC)

Barid Baran Laha and ors. Vs. Manjuri Ghoshal (Claiming as Laha)

Court : Kolkata Appellate

Decided on : Jan-21-2011

..... by itself cannot wipe out the veracity of marriage certificate of 1993 showing marriage in between respondent /defendant and pijush kanti laha under special marriage act, 1954. a lady is not bound to use the surname of her husband in all places and she may use her maiden surname or ..... original marriage certificate of 1993 (ext. b) to show, at least prima facie, marriage in between herself and pijush kanti laha under special marriage act, 1954. it is true that even after issuance of said marriage certificate in 1993 present respondent/defendant used the surname of her previous husband namely ..... out either the divorce decree in between defendant and her former husband or the marriage held between respondent and pijush kanti laha under special marriage act.(5) there was neither any pleading nor any evidence that the possession of the appellant / plaintiff was threatened by the respondent defendant at any ..... though one certified copy of decree of divorce dated 21.04.1974 (ext. a) was filed by the respondent/defendant but it was not acted upon.(2) respondent /defendant also filed one marriage certificate of 1993 showing alleged marriage with pijush kanti laha but said marriage was never consummated.(3 ..... had no right, title and interest over the suit property. pijush kanti laha since deceased married defendant on 23.12.93 under special marriage act. pijush kanti laha expired on 8.10.94 under suspicious circumstances. pijush kantis father balai chandra laha tried to deny the right of ownership .....

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Jan 28 2011 (HC)

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Jan-28-2011

..... a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued. (3) every such board shall consist of a chairman and such number of other members ..... by the board, its chairman, is empowered to accord sanction for prosecution of an assistant provident fund commissioner under section 19 of the p.c. act. therefore, on the face of it the sanction is not valid, since the sanctioning authority has no locus standi to accord sanction. 30. ..... not the employer of the present petitioner who was working in the calcutta dock labour board which is a separate statutory body under a different act. shri roy cannot be treated as a subordinate officer of the calcutta dock labour board under any superior officer to initiate the criminal proceeding. ..... the exercise of administrative power by each authority should be made in accordance with the specific manner and by the specified authorities mentioned in each act. 15. as a consequence the learned lawyer for the petitioner has rightly raised objection regarding validity of the sanction accorded by the chairman of ..... , government of india as at annexure p-9 that such board was constituted under a separate statute, i.e., dock workers (regulation of employment) act, 1948 in the following manner: government of india/bharat sarkar ministry of shipping pot parivahan mantralaya ***new delhi, the 26th december, 2000 notifications.o. .....

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Feb 10 2011 (HC)

Rabi Kumar Das. Vs. Sumitra Bala Dasi and ors.

Court : Kolkata Appellate

Decided on : Feb-10-2011

1. this application is at the instance of the defendant no.1(ka) and is directed against the order no.174 dated march 3, 2009 passed by the learned judge (junior division), second court, bolpur, district - birbhum in title suit no.38 of 1989 thereby rejecting the petition dated february 19, 2009 filed by him.2. the short fact is that in an appeal arising out of the said title suit, the petitioner/appellant filed a petition under order 41 rule 27 of the c.p.c. in the said title appeal being title appeal no.17 of 1998. that application was filed for marking a certain deed of sale dated april 25, 1999 as exhibit. that application under order 41 rule 27 of the c.p.c. was rejected, but, the suit was remanded back directing the parties to adduce evidence. thereafter, the petitioner filed the said petition dated february 19, 2009 for marking the deed of sale as exhibit, which was rejected by the impugned order. being aggrieved, this application has been filed.3. the short question in the matter is that whether the learned trial judge was justified in rejecting the petition dated february 19, 2009 thereby not accepting the said deed of sale into evidence.4. upon hearing the learned counsel for the parties and on going through the materials on record, i find that the title appeal being title appeal no.17 of 1998 arising out the said suit was allowed on contest directing the learned trial court for fresh trial in the light of the observations made in the body of the judgment. by the .....

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