Court : Kolkata
Reported in : AIR1960Cal603,[1961(3)FLR334],(1961)IILLJ297Cal
..... should be considered as payments made under an implied term of the contract of employment. although it is not necessary to multiply decisions, i might also refer to a patna case which has been cited before me. ..... allowance to be paid to his employee by the government department concerned, then such rules are to be included in the terms of the contract between the employer and the employee. this decision clearly shows that payments which are to be compulsorily made under any statute or statutory rules, ..... is abundantly clear, so far as the old definition is concerned, from the definition itself, even without going into the question of an implied contract. in defining the word 'wages' it was stated expressly in the old definition that it would include 'any sum payable to such person by ..... to a workman in respect of his employment or of work done. therefore, the liability is not dependent on merely the expressed terms of the contract, but also upon the implied terms. the compensation payable under section '25-f of the industrial disputes act, is certainly called 'compensation', but ..... under the original definition, the word 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person .....Tag this Judgment!
Court : Kolkata
Reported in : (1999)2CALLT631(HC),[2000(84)FLR506]
..... are not to be viewed detatched from the context of the statute. the words are to be viewed in relation to the whole context. the definitions of contractor, workman, contract labour, establishment, principal employer all indicate the work of an establishment means the work site of the establishment where a building is constructed for the establishment. the construction is thus ..... judgment reported in : (1995)iillj790sc (gujarat electricity board, ukat v. hind mazdoor sabha) and submitted that the supreme court has held that the only ostensible purpose in engaging the contract labour instead of the direct employees is the monetary advantage by reducing the expenditure. apart from the fact that it is an unfair labour practice. he also submitted that the ..... are instantly and directly connected with the industry, trade and business of ioc limited.12. mr. mitra appearing on behalf of the petitioner, further submitted that the law regarding the contract labour after the judgment delivered by the hon'ble supreme court reported in : (1997)illj1113sc (haryana state electricity board & anr. v. ram gopal & anr.) it has undergone a radical ..... outside. 2. subsequent to the filing of the writ application the petitioner filed a writ application to compel the central government to issue a notification under section 10 of the contract labour (regulation & abolition) act, 1970. such affidavit is affirmed by one bishnu pada jana on 23rd september, 1996.3. the grievance of the writ petitioners f s that .....Tag this Judgment!
Court : Kolkata
Reported in : (1898)ILR25Cal512
..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.'15. this referential definition of a forged document is to a certain extent tautologous, but be ..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery.'19. the section contemplates two classes of intents, and it is clear (especially if regard be .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1938Cal136
..... the offer or the counter offer of the defendant, did constitute the entire agreement within the meaning of law. it may be that if the contract was entered into by exchange of letters, the letter of offer as well as that of acceptance both taken together might constitute the whole lease ..... registered document affecting immovable properties and required by the act or by the transfer of property act to be registered, may be received as evidence of contract in a suit for specific performance under ch. 2, specific relief act, or for proving part performance under section 53-a, t.p. act. ..... registered, provided there are acts of part performance within the meaning of the section. the legislature makes this special provision with regard to 'contract to lease' which in my opinion has been used in the same sense as an 'agreement to lease' under section 2, clause (7), registration ..... . it gives effect to the doctrine of part performance enunciated in section 53-a, transfer of property act, by allowing a specific enforcement of a contract to lease which is in writing and signed by both the, parties or on their behalf and which, though required to be registered, is not ..... the premises any further. on 22nd february 1935, the present suit was instituted by the plaintiff and the plaintiff claimed a specific performance of the contract mentioned above under which the plaintiff agreed to take a lease for a period of five years. in the alternative, the plaintiff claimed compensation under .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1956Cal662,60CWN933,(1957)ILLJ494Cal
..... fact punitive and amounted to a dismissal. kamta charan v. post master general, bihar, : air1955pat381 . but where, the action taken is plainly not in accordance with the terms of a contract but by way of punishment, it amounts to dismissal and the provisions of article 311(2) is attracted. balai chand basak v. n. ray chaudhuri, : air1954cal495 . in this respect there ..... and general manager, calcutta telephone district, : (1955)iillj762cal . nor where the post is temporary and the post has been abolished. brajnandan prasad v. state of bihar, (s) : air1955pat353 . where by contract or the conditions of service, a service may be terminated without reasons shown or simply by serving notice, the mere fact that there has been a prior enquiry, does not ..... . (c.c.a.) rules). article 311(2) deals with three kinds of punishment only, namely, dismissal, removal from service or reduction in rank. termination of service in accordance with a contract or the conditions of service, does not amount to dismissal. satish chandra v. union of india, : 4scr655 . shyam lal v. state of u. p., : (1954)iillj139sc ; anima munshi v .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1934Cal44
..... as it provides that when a zamindari is sold at a public sale for discharge of arrears due from the proprietors to the governmentall engagements which such proprietors shall have contracted with dependent talukdars whose taluks may he situated in the lands sold, as also all leases to under farmers and pottahs to raiyats (with the exception of the engagements, pottahs ..... it continues; the talukdar becomes the under-tenant of the purchaser and the tenants holding under him are not affected by the change of proprietorship. there is no privity of contract between them and the purchaser, and the latter cannot either claim rent from them or eject them so long as he allows the taluk to continue. the purchaser could, no ..... ordinary procedure. but their lordships are unable to see what cause of action the purchaser can have against the tenants of the talukdar as long as the taluk subsists. their contract is with him and their liability is to him and not with or to his superior landlord.17. we do not understand this passage to mean that nothing short of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2005Cal332,2005(3)ARBLR548(Cal),2005(4)CHN279
..... parties. in construing the applicability of clause 16(2), the arbitrator has proceeded in this matter on the reasoning that on expiry of the contract, clause 16(2) of the agreement also does not survive. this leaves with the arbitrator the power conferred under section 31(7)(a), ..... life) and post-award period. for pre-reference period, interest can be awarded only if there is no prohibition or contrary stipulation in the contract. as regards interest on unliquidated damage, the provisions of interest act, 1978 would come into operation.38. in this appeal, where we are dealing ..... which is reproduced below :'no interest will be payable upon the earnest money or the security deposit or amounts payable to the contractor under the contract, but the government securities deposited in terms of sub- clause (1) of this clause will be repayable with interest accrued thereon.interest on the ..... that limited purpose agreement is required to be considered. for deciding whether the arbitrator has exceeded his jurisdiction reference to the terms of the contract is a must. it is true that arbitration clause 74 is very widely worded, therefore, the dispute was required to be referred to the ..... by the railway administration, being a department of the appellant.2. the agreement contained an arbitration clause being clause 64 of the general conditions of contract, the text of which is reproduced below :'64(3)(a) arbitration: matters in question, dispute or difference to be arbitrated upon shall be referred .....Tag this Judgment!
Court : Kolkata
Reported in : 8STC517(Cal)
..... , as being intended for re-sale by him, or for use by him in the manufacture of goods for sale or for use by him in the execution of any contract' shall be deducted from his gross turnover. since that portion of the gross turnover which is constituted by sales made to a registered dealer of goods of the class or ..... to purchase any goods which will be resold by him or which will be used by him in the manufacture of goods for sale or used in execution of any contract, he shall specify such goods in the certificate and when such goods have been so specified, no tax shall be payable on the sales of such goods to the grantee ..... for resale' or 'are required by such dealer for use by him either in the manufacture of goods for sale' or are required for use 'in the execution of any contract', as the case may be. sub-rule (5) of rule 27a prescribes the form to be used in making such declaration and the form is form xxiv which is to .....Tag this Judgment!
Court : Kolkata
Reported in : (1999)3CALLT112(HC)
..... application under order 41 rule 27 of the code thereby praying for bringing on record as additional evidence documents showing their readiness and willingness to perform their part of the contract. as stated above, such evidence is immaterial for the purpose of disposal of this appeal in view of our above finding.34. the appellant made an application seeking to raise ..... part performance thereof.'18. analysed the conditions necessary for making out the defence of part performance to an action in ejectment by the owner are:(1) that there is a contract in writing for transferor of any immovable property from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty;(2) that the transferee has, in part ..... of section section 53a the possessor may successfully resist eviction in the suit for eviction itself.16. section 53a of the transfer of property act provides :'53a. where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable ..... the substantial question of law involved in the appeal before it, namely whether it is necessary to expressly plead readiness and willingness to perform the defendant's obligations under the contract to take the defence of part performance under section 53a of the transfer of property act, 1882, and to resolve the conflict of opinions on the said question between the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1955Cal626
..... of the law that no one should be allowed to unjustly enrich himself at the expense of another. the idea of a new obligation, apart from the strict letter of contract, has been slowly and cautiously evolving in this branch of jurisprudence. the law so developed by judicial conscience appears to discover obligations to defeat unjust enrichment or unmerited acquisition by ..... -- 'surajniall nagoremull v. triton insurance co. ltd. , is not on the point because there the statute, which was the indian stamp act, had an entirely differently worded provision, namely, 'no contract for sea insurance shall be valid unless the same is expressed in a sea policy'. section 175(3), government of india act, or article 299 of the constitution, as pointed ..... pc 403 (d), that an agreement void ab initio can also be an agreement 'discovered' to bevoid under section 65, contract act. blazing the trailof the law on tills branch is the decision of theprivy council in -- 'mohan bibi v. dharmodasghose', 30 ind app 114 (pc) (l). all these decisions, however ..... is to render the agreement unenforceable against the government cannot in my judgment attract the doctrine that the 'agreement is discovered to be void' within the meaning of section 65; contract acti am not unmindful of the judicial gloss put upon this section by numerous decisions including the pronouncements of the privy council in -- 'harnath kuar v. indar bahadur singh', air1922 .....Tag this Judgment!