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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: kolkata appellate Year: 2011 Page 1 of about 54 results (0.032 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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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 .....

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Apr 12 2011 (HC)

Nemai Chand Pal. Vs. Nader Chand @ Prabhat Pal and ors.

Court : Kolkata Appellate

Decided on : Apr-12-2011

..... similarly, the other decision of orient transport co., gulabra and anr. (supra) relates to the general principles that a suit challenging the validity of a contract is not barred by section 32 merely because it contains arbitration clause. a right under section 9 of the c.p.c. has not been taken ..... is not of helpful to the petitioner in respect of the matter under consideration, that is, amendment of the petition. the said decision deals with an act of insolvency and not an amendment. on the other hand, mr. chakraborty, learned advocate appearing on behalf of the opposite party has referred to the decisions ..... after passing of the award, the question of removal as per sections 13 and 14 of the arbitration and conciliation act, 1996 does not lie at all. mr. gayen, learned advocate appearing on behalf of the petitioner, has referred to the decision of state bank of ..... the petition. 5. if the petitioner has any grievance against the award, his remedy is to take appropriate steps under section 34 of the 1996 act within the stipulated time, that is, within three months from the date of passing the award or one month extra time thereafter and not afterwards. ..... the petition. the short fact is that the petitioner filed an application under section 11 read with sections 14 and 15 of the arbitration and conciliation act, 1996 praying for cancellation of the agreement dated november 1, 1998 in between the parties, removal of the opposite party nos.2 & 3 as .....

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Mar 31 2011 (HC)

St. Teresa’s School Vs. the District Consumer Redressal Forum and or ...

Court : Kolkata Appellate

Decided on : Mar-31-2011

..... which is rendered by the teacher in an educational institution can be regarded as a kind of service as defined in section 2(o) of the consumer protection act, 1986, in the case of smt. n. taneja & anr. v. calcutta district forum & ors. reported in air 1992 calcutta 95. in the said ..... consumer dispute between the parties and further since the guardian forum is not a consumer within the meaning of the word consumer as defined in the said act, such a dispute ought not to have been entertained by the district forum. accordingly, the petitioner prayed for the quashing of the said proceeding. 9 ..... authority regarding enhancement of the tuition fees and incidental charges of its students for the academic year 2009-10, by filing a complaint under the consumer protection act, 1986 before the district consumer redressal forum, birbhum. the said complaint was registered as c.e. case no. cc/35/o/2009. 5. the ..... education, teacher and student. it was further held therein that the contract, as referred to in section 2(g) certainly is not the contract as defined in section 2(o) because the very conception of contract cannot be introduced into the consumer protection act, so far as education, teacher and student are considered. 10. ..... decision, this honble court had the occasion to consider the definition of consumer and service given in the said act. it was held therein that the definition of service under section 2(o) if read with sections 2(c)(iii), 2(d)(iii) and 2( .....

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Mar 29 2011 (HC)

Sri Sujit Mukherjee. Vs. Smt. Bela Mukherjee and ors.

Court : Kolkata Appellate

Decided on : Mar-29-2011

..... had failed to honour the terms and conditions of the said agreement, the petitioner instituted title suit no.3277 of 2009 for specific performance of contract and injunction. the petitioner prayed for a decree for specific performance of the said agreement along with its amendment made in june, 2007 and also ..... , remit the whole penalty prescribed by this section. (2) every certificate under clause (a) of sub-section (1), shall, for the purposes of this act, be conclusive evidence of the matters stated therein. (3) where an instrument has been sent to the collector under section 38, subsection (2), the collector ..... shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that (a) any ..... chatterjee that the trial judge grossly erred in the exercise of jurisdiction is acceptable. for this purpose one has to look into the provisions of the act. the same, to the extent relevant for a decision here, read as follows : 33. examination and impounding of instruments.(1) every person having ..... agreement in evidence. the trial judge having found that the agreement had not been adequately stamped consistent with the provisions contained in the indian stamp act impounded the same in terms of section 33 thereof. the trial judge was of the view that the said agreement, having regard to the .....

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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 .....

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Mar 11 2011 (HC)

State of West Bengal and ors. Vs. Indian Jute Mills Association and or ...

Court : Kolkata Appellate

Decided on : Mar-11-2011

..... should presume that the legislature does not use any unnecessary word and thus, the introduction of the adjective consumable before the noun stores was a conscious act of legislature. the next question is whether all the spare parts of a machinery used for manufacturing the taxed goods (in this case textile goods) ..... manufacture of goods being intended for use in the process of manufacturing or mining operations can be specified in the certificate of registration under the central sales tax act (74 of 1956).16. in the case of coastal chemicals ltd. etc. vs. commercial tax officer, a.p. and others (supra), upon which mrs ..... opposed the aforesaid contention of mrs. roy and have contended that the word consumption has a wider meaning and it is not necessary that by the act of consumption the commodity in question must be used up or destroyed and mixed in the taxed goods. in support of such contention, they relied upon ..... of the taxable goods and thus, the learned tribunal below erred in law in holding that spare parts are consumable stores within the meaning of the act. in other words, mrs. roy contends that the use of the adjective consumable before the noun stores is significant and unless such spare parts ..... referred to in clause (d) above; or(f) use in the execution of works contract; or(g) use as capital goods required, for the purpose of manufacture or resale of taxable goods or for execution of works contract, as the case may be, and purchases of such goods are capitalised in the books .....

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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 .....

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Feb 25 2011 (HC)

Golap Kanti Chattopadhyay Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

Decided on : Feb-25-2011

..... will while determining the ceiling limit of the petitioner herein. 19. most unfortunately, the appellate authority under section 54 of the w.b.l.r. act namely, the d.l.&l.r.o.;, hoogly while deciding the appeal being case no. 37 of 2004 did not appreciate the illegalities committed by ..... .l.&l.r.o.;, therefore, had specific knowledge in respect of the unprobated will. accordingly, the b.l.&l.r.o.; had no occasion to act on the basis of the aforesaid unprobated will while determining the ceiling limit of the petitioner. 18. the b.l.&l.r.o.; concerned upon taking ..... hari charan chattopadhyay would devolve upon the aforesaid five successors and the said five successors must inherit 1/5 th share each under the hindu succession act, 1956. 16. the petitioner herein is entitled to only 1/5 th share of the property of late hari charan chattopadhyay, who died intestate and ..... disposed of by this court on 21 st january, 1971 declaring the aforesaid notice under section 10(2) of the w.b.e.a. 9. act served on hari charan chattopadhyay as invalid and without jurisdiction. therefore, all the five successors of hari charan chattopadhyay were recognised by this court as legal ..... in intestesi. the aforesaid legal heirs accordingly, inherited one-fifth share each in respect of the property owned by hari charan chattopadhyay under the hindu succession act, 1956. 8. in view of the death of hari charan chattopadhyay, his legal heirs and successors were substituted in the aforesaid writ petition. the aforesaid .....

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Feb 25 2011 (HC)

Sabra Khatoon. Vs. the Kolkata Municipal Corporation and ors.

Court : Kolkata Appellate

Decided on : Feb-25-2011

1. challenge is to the order dated april 21, 2009 passed by the learned municipal assessment tribunal, first bench, kolkata municipal corporation in appeal no.2172 of 2007. the appellant has preferred this application contending, inter alia, that he entered into an agreement for sale of a flat with m/s. shrachi leathertex private limited company at premises no.23, marquis street under police station new market as per terms and conditions of the agreement executed between them. amongst other clauses, the petitioner was to get the said flat bearing no.5f having an area of 1044 square feet. at the time of getting possession, the petitioner noticed that she got the flat with an area of 762 square feet instead of 1044 square feet as per agreement. since she got less area she took appropriate steps before the consumer forum.2. in the meantime, the assessor collector (south), opposite party no.2 herein, assessed the annual valuation of the said flat to the tune of rs.47,660/-. the petitioner raised a dispute. the hearing officer took up the matter and he determined the annual valuation of rs.31,760/- with effect from third quarter of 2002- 03. being aggrieved, he filed the misc. appeal which was disposed of by the impugned order holding the annual valuation as rs.23,820/-. the petitioner was not satisfied with such determination and then she filed this revisional application. now, the question is whether the judgment and order under challenge should be sustained.3. upon hearing the .....

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