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 .....Tag this Judgment!
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 .....Tag this Judgment!
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!
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, .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-21-2011
..... . the arbitrator was appointed and the statement of claim filed by this petitioner in the reference. the respondent herein lodged its counter-statement where matters pertaining to an altogether different contract between the parties, containing a separate arbitration agreement, were made part of a counter-claim. the petitioner herein objected to such 3 matters pertaining to another agreement being carried to ..... the validity of the arbitration agreement having been pronounced upon by the chief justice or his designate, all other questions available to be raised under section 16 of the 1996 act would be barred. despite the chief justice or his designate finding an arbitration agreement to be valid, matters which are not covered by such agreement may be carried by either ..... or reject the view expressed on the legal question that was answered in that case. the objection in that case was on the ground of section 69 of the partnership act, 1932 which the arbitral tribunal rejected. the petitioner also refers to commercial arbitration by mustill and; boyd ( 1982 ed.) and redfern and; hunter on law and practice of international ..... matters concerning procedure that attain an element of finality may be regarded as interim awards and immediately made the subject- matter of a challenge under section 34 of the 1996 act. in support of such proposition, the petitioner has referred to russell on arbitration (23rd ed.) and passages from chapter 6 thereof on what order would amount to an award .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-2011
..... was allowed by the arbitrator 8by disregarding the effect of the letter dated april 1, 1995. there is no disagreement between the parties that the contract relating to the ulubari project did not contain any clause that could have empowered the employer to deduct or adjust any sum due in respect ..... could have been no amount awarded under claim no. 6a for rs.2.37 lakh since such amount out of the payments due under the contract in respect of the ulubari project had already been credited to the contractor's account in the naltoli project at the instance of the contractor ..... the petitioner, at the request of the contractor, towards the naltoli project; and it is only upon the assessment of the amount due under the contract for the naltoli project, for which another reference is pending before the same arbitrator, that the matter can be gauged. since it is the ..... arbitrator and noticed by the 2arbitrator in course of recording the submission of the parties were not taken into account in assessing the claim. the contract was for the construction of one or more buildings in ulubari, assam. the same contractor was simultaneously involved in the construction of another set of ..... december 19, 2011. sanjib banerjee, j. : - an award rendered in an arbitral reference pertaining to a works contract is assailed in the present proceedings under section 34 of the arbitration and conciliation act, 1996. the primary ground of challenge is that the award does not give any or adequate reasons in support of .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-2011
..... . the registrar is right in that the word "equipment" is not mentioned in the relevant schedule. however, schedules vi and xiv to the companies act, 1956 refer to "goodwill, vehicles etc." and the petitioners are justified in being aggrieved that though the company should have clubbed all equipment under the ..... opinions on the matter of treatment of certain heads in particular cases. the fourth charge levelled is, again, under section 211 of the companies act read with schedule vi thereto. the registrar says that development expenses on account of the company having spent money at its tea estates have been ..... the petitioners say that transactions conducted at arm's length between corporate entities cannot be assumed to be in breach of section 295 of the act unless specifics pertaining to the transaction are demonstrated. in the present case, the petitioners say, there can be no doubt that teas of the ..... section 301(1) and 301(3) of the act in the register of contracts of the company not specifying certain matters. the violation of section 301 of the act is in connection with the charge levelled under section 297(1)(a) of the act and since the petitioners have been excused of such ..... charge, the incidental charge under section 301(1) and 301(3) of the companies act .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-15-2011
..... in popular automobiles (supra), the question was whether a suspended employee and his employer were liable to pay the requisite contributions under the said act of 1948 on the subsistence allowance received by such employee during the period of his suspension pending domestic enquiry. the supreme court of india held ..... that such payments were in the nature of overtime and, therefore, they are to be excluded for the purpose of deciding coverage under the said act of 1948. 5 mr. moitra, however, strenuously relied upon a decision of this court in employees' state insurance corporation versus remadhar jaiswal and another ..... kesoram rayon at raghunathpur, district - hooghly in the state of west bengal. the said unit is covered under the provisions of the said act. as the products manufactured at the factory of the company involved continuous manufacturing process, the workers are required to report for duty even on declared ..... petitioners to refer the disputes involved in the said writ petition to the employees' insurance court under section 75 of the employees state insurance act, 1948 ('the said act of 1948' in short) within one month from the date of the said order. the writ petitioner no. 1 is a company ..... issue. the wages have been defined under section 2(22) of the said act of 1948 are as follows: - " 'wages' means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-08-2011
..... copies of several documents to the relevant chief general manager under cover of such letter and requested such person to "look into the matter and to take decision as per contract agreement at the earliest possible." the letter dated march 27, 2009 is no invocation of any arbitration agreement notwithstanding the accidental reference to the word "arbitration" in its caption. similarly ..... the constitution of india, the petitioner complained to this court that the respondent had sought to unilaterally revise the rates specified in the contract and offered the petitioner a lower price. the 2 writ petition was disposed of by permitting the petitioner herein to accept the lower price without prejudice to its rights and ..... the chief general manager of bsnl telecom factory, calcutta or the officer entrusted the duties of chief general manager would take up a reference or appoint another as arbitrator. the contract related to the supply of goods by the petitioner to the respondent. as is evident from an order dated april 24, 2009, passed on an application under article 226 of ..... a request that would amount to the commencement of arbitral proceedings within the meaning of section 21 of the 1996 act. the chief general manager in this case wore two hats : that of the highest ranked official representing the respondent in the contract; and, that of the appointing authority under the arbitration agreement. it is not unusual for the highest executive officer .....Tag this Judgment!