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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: guwahati Year: 1988 Page 1 of about 5 results (0.023 seconds)

Jul 29 1988 (HC)

The New India Assurance Co. Ltd. Vs. Ramesh Kalita and ors.

Court : Guwahati

Decided on : Jul-29-1988

..... the same page it is stated 'sometimes a statute although not intended to be retrospective, will in fact have a retrospective operation. for instance, if two persons enter into a contract, and afterwards a statute is passed, which, as cockburn c.j. said in duke of devonshire v. barrow, etc., co., 'engrafts an enactment upon existing ..... of the payment of minimum amount. the insurance policy is the product of the contractual nexus between the parties and bilateral contracts are modelled or founded on the basis of the situations and circumstances existing at the time when the contract was entered into. further this provision can be considered as affecting the vested rights accrued to the parties and as such ..... contracts' and thus operate so as to produce a result which is something quite different from the original intention of the contracting parties, such a statute has, in effect, a retrospective operation'.23. it is also a well recognised principle that a .....

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Nov 30 1988 (HC)

income-tax Officer Vs. G. Sharma BaruA.

Court : Guwahati

Decided on : Nov-30-1988

..... authorities below failed to appreciate the fact that the partnership deed was floated for the purpose of doing business on different lines including acquisition of land reasoning building thereon, doing contract work etc. as mentioned in the preamble of the partnership deed. but in the instant case, it is apparent that there was no business activity not any intention to carry ..... , it cannot be said that the minors have been made partners of the partnership as otherwise it would violate the relevant provisions of the indian partnership act and the indian contract act. for such proposition, we may refer to various decisions, namely, in the case of cit v. jagadish jakati & co. : [1979]119itr19(kar) and also in the case of cit ..... mahabir prasad kishanlal & co. v. cit on the facts of that case held that a minor cannot be a competent party to an agreement enforceable in law under the indian contract act and that the indian partnership act provides that if all the partners agree then a minor can be admitted to the benefits of partnership but even then a minor .....

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Sep 12 1988 (HC)

Union of India (Uoi) and anr. Vs. Hari Mohan Ghosh

Court : Guwahati

Decided on : Sep-12-1988

..... for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the ..... and in case it was not delivered he would lose profits which he expected to make. it is a well settled principle in law relating to compensation for breach of contract in such cases that the aggrieved party is entitled to compensation, equivalent to the value of the goods and not to the profits which he expected to obtain. 15. section ..... breach. compensation for failure to discharge obligation resembling those created by contract- when an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the ..... 73 of the contract act, 1872 reads as under: '73. compensation for loss or damage caused by breach of contract.-- when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the .....

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Jan 06 1988 (HC)

Sri. Jogendra Nama and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Jan-06-1988

..... money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of exchange,' etc. clause (c) mentions contracting for public and private loans and negotiating and issuing the same. under sub-clause (2)thereof no banking company shall engage in any form of business other than those referred ..... pointed out in this regard.32. next question is whether loans have been granted on extraneous consideration? a loan is not largess in the same sense as grant of a contract; inasmuch as the ground of loans is subject to bank's rules and practice and the bank has the discretion in the interest of safety and liquidity of the bank .....

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Sep 09 1988 (HC)

Baghmari Tea Co. Ltd. Vs. the Divisional Forest Officer, Darrang Divis ...

Court : Guwahati

Decided on : Sep-09-1988

..... iv of its deed of lease. being of this view, it was stated that there was a complaint regarding breach of contract, and the petitioner should have ordinarily sued for specific performance of the contract, or for damages if the contract was not capable of being specifically performed. it was then pointed out that such a suit would ordinarily be cognizable by civil .....

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