Court : Kolkata
Reported in : AIR1941Cal125
..... defendant would be unable to meet the engagements which the plaintiff might enter into for him. the plaintiff accordingly entered into contracts on behalf of the defendant upon which the plaintiff became personally liable, and he sued the defendant for indemnity against the liability incurred by him and for his commission as broker.12. held, that the plaintiff was entitled to recover ..... consideration, i do not think that this is likely to have occurred because, in the absence of written orders and instructions, the plaintiff makes a practice of making the contracts with members of the association immediately after he has received instructions from his customer. with regard to the alleged settlement on 30th january, i am satisfied that the plaintiff's ..... the transactions were gambling transactions, and therefore illegal and inoperative. it will be observed at once that the defendant relies upon inconsistent allegations. he alleges on the one hand that contracts in respect of differences only, and therefore gambling transactions, were made between him and the plaintiff acting as a principal, yet, in the same breath he talks of asking ..... , for the employment of the plaintiff by the [defendant was not against public policy, and was not illegal at common law, and, further, was not in the nature of a gaming and wagering contract against the .....Tag this Judgment!
Court : Kolkata
Reported in : (1988)2CALLT84(HC),92CWN858
..... in the unreported decision of delhi high court noted above that by a letter, dated december 17, 1979, the plaintiff sent copies of the indemnity bonds, affidavits, undertakings and plans of the project for the signatures of the defendant and the plans were duly signed by the defendants which were ..... of the matter being a requirement of law ought also to be noted at this juncture. section 14 of the specific relief act, 1963 provides to contracts which cannot be specifically enforced. the statute, however, in particular section 14(3) goes on to add that notwithstanding anything contain- ed in earlier ..... letters which would otherwise be sufficient for the purpose, if it is clear, upon the facts, that there were other conditions of the intended contract, beyond and besides those expressed in the letters, which were still in a state of negotiation only and without the settlement of which the parties ..... appeal cases 311 and the observation of lord selborne seems to be very apposite. lord selborne observed :'the observation has often been made, that a contract established by letters may sometimes bind parties, who, when they wrote these letters, did not imagine that they were finally settling the terms of the ..... of the final estimate and plan and clearance to proceed with work for relocation. the plaintiff contended that mere reference to a future formal contract will not prevent a binding bargain between the parties. while it is true that there cannot be any dispute as a proposition of law but .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1933Cal204
..... one or more partners from agreeing to indemnify the others against loss, or to prevent full effect from being given to a contract of partnership containing such a clause of indemnity.8. judged by the tests laid down in the propositions quoted above the terms of the agreement, such as they have ..... law, but of fact that there is a partnership yet whether the relation of partnership does or does not exist must depend upon the whole contract between the parties, and that circumstance is not conclusive.6. on the other hand an agreement to share all profit and all loss is an ..... the loss, and this distinction becomes important when a question arises in connexion with their dealings with third parties. 'partnership' is defined in section 239, contract act, and 'agency' in section 182, and although every partner is an agent of the firm and his other partners for the purposes of the ..... , because the defendant had engaged in a business which as a legal practitioner it was not open to him to do, and that the real contracting parties were the plaintiff and the defendant. (their lordships then discussed evidence and proceeded.) the essential ingredients of the transaction were that the business was ..... which it was brought was maintainable. the subordinate judge held that the business in question was a partnership business within the meaning of section 239, contract act, that the plaint was framed as if the relations between the parties were as those of principal and agent, while in reality the parties .....Tag this Judgment!
Court : Kolkata
Reported in : 1994(74)ELT827(Cal)
..... a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.'39. we fail to appreciate how the observations made in the aforesaid judgment can have any application to the facts ..... under the said additional licence.43. this would also appear from the fact that although in case of importation under the open general licence contracts have to be registered with the textile commissioner in terms of clause 24 of the 'conditions governing imports under open general licence' as ..... the next question is whether the constitutionality of the export (control) fifteenth amendment order, 1979 should be examined closely vis-a-vis pre-ban contracts. constitutional questions should be considered by courts only when it is absolutely necessary, not otherwise. in the present case, broadly speaking, we are not ..... were effected within 60 days from the 28th april, 1989, i.e. within 27th june, 1989.8. the said consignments under the aforesaid contracts arrived at the calcutta port in or about august 1989. the customs authorities purported to confiscate the said goods on the ground that the ..... be registered, prior to the import of the said goods with the textile commissioner of the government of india. it was only after the contracts were registered with the said textile commissioner and the appropriate registration number was granted by the said authority, the said goods could be imported .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1931Cal491
..... as i see no reason to doubt. the plaintiff is entitled to recover against the defendants and the defendants no doubt will be able to obtain an indemnity by an order of the subordinate judge at dhanbad enabling them to recoup themselves out of the assets if they are called upon to satisfy the decree ..... judge and also an abstract of such accounts which shows that the total amount of coal sold to other persons by the defendants in breach of the contract in suit is 10,462 tons 9 cwts. this quantity differs by about 1,000 tons from the quantity which the defendants would be prepared to ..... case just cited:i think that these cases further establish that such a receiver, although appointed for the' benefit of the debenture-holders, is not the agent to contract, either of the court or of anybody else, but is a principal.9. lastly, in parsons v. sovereign bank of canada  a.c. 160, ..... trighunait brothers against p. f. lin-ton & ors, and, by the order appointing them, they were required to secure the sanction of the court to contracts for the sale of coal.3. the defence preferred on behalf of the defendants at the hearing is based upon their receivership, and the following issues have been ..... so much coal as was available after messrs. andrew, yule & co., ltd., had been satisfied. at the hearing, it has not been denied that the contract in suit was entered into and that there has been a breach, and the only question of substance is whether the defendants are personally liable, though there may .....Tag this Judgment!
Court : Kolkata
Reported in : 2006(4)CHN381
..... from making a recall of the amount of rs. 85,84,456/- from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain from granting injunction to restrain the performance of the contractual obligations arising out ..... either conceptually or on facts. no fraud or even a special equity has been alleged excepting though that the goods are not in accordance with contracted quality which, in our view, cannot be said to be a sufficient ground for intervention of the civil court in the matter of an ..... the view expressed in the case of svenska handels banker v. indian charge chrome and ors. : air1994sc626 :86. we have already held that the contracts between the lenders and the borrower are not vitiated by any fraud much less established fraud and there is no question of irretrievable injury. therefore, there ..... its discretion and grant the injunction. the same considerations apply to a bank guarantee.'41. a letter of credit sometimes resembles and is analogous to a contract of guarantee. in elian v. matsas 1966(2) li lr 495, lord denning, m. r., while refusing to grant and injunction stated :'... a ..... satisfied that, whatever disputes may thereafter arise between him and the bank's customer in relation to the performance or indeed existence of the underlying contract, the bank is personally undertaking to pay him provided that the specified conditions are met. in requesting his bank to issue such a letter, .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1926Cal189
..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... their acceptance and payment of the bills, or in other words, they have to satisfy me that the goods as tendered were not in accordance with the contract. (his lordship then discussed evidence, and proceeded). under the circumstances i come to the conclusion and for the purpose of this case it must be ..... commercial law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person; but the opinion which that very learned judge then expressed was dissented from, and, if i may venture to ..... the consignee; if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1924Cal186
..... and that the true ground, on which the clause limiting the time of claim rests and is maintainable, is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefor do not become absolute, unless the remedy is sought within the time ..... 38 bom. 344 in the passage which my learned brother has cited. the proposition advanced on behalf of the plaintiffs that the condition offence against the indian contract act in that it curtails the period of limitation for a suit on the policy, and the argument addressed to us, exclude the proposition that what is ..... of the period allowed by law for the institution of such a suit, amounts to limiting the time within which a party may enforce his rights under a contract within section 28 and defeats the provisions of article 86 of the limitation act.7. in hirabai v. manufacturers life insurance co. (1912) 14 bom. ..... 86 of the limitation act.6. section 23 of the indian contract act provides that the consideration or object of an agreement is lawful unless, amongst other things, it is of such a nature that if permitted, it ..... contended on behalf of the plaintiffs that condition 13, as set out above, is void under the provisions of sections 23 and 28 of the indian contract act, 1872, as an attempt to curtail the period of limitation for a suit on the policies, namely, the period of three years prescribed under article .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2001Cal213,(2001)2CALLT445(HC)
..... all loss, damages, and expenses arising or resulting from inaccurancles in such particulars. the right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.' 27. the learned counsel said that the proviso in paragraph 4 ..... practical procedural device developed by courts for rendering justice in accordance with substantive law even in cases of maritime claims arising by reason of breach of contract for the carriage of goods and other transactions, [see in paragraph 68 in 'elisabeth']. 46. so in this context, the arrest of a ..... , demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of ships and vessels, employed or used within the jurisdiction aforesaid, or between others contracted, done, had, or commenced. in, upon or by the sea, or public rivers, or ports, creeks, harbours, and places overflown, within the ebbing and flowing ..... use or hire of a ship' are also wide enough to cover the case of the hire of a tug under a towage contract. claims in respect of damage to cargo do not, unless they result from damage done by a ship, give rise to a maritime lien.' 21 ..... of any agreement relating to the carriage of goods in a ship. an agreement relating to the use or hire of a ship includes a contract for services rendered by motorboats to a ship where those services involve more than some incidental and minor use of those boats. the words ' .....Tag this Judgment!
Court : Kolkata
Reported in : 190ITR578(Cal)
..... liable to make good the loss which the beneficiary or trust property has sustained. the provisions for making good the loss is by way of indemnity for the damages suffered on account of breach of trust. the very fact that compensation is provided for such breach of trust would clearly ..... high court in the case of jugal kishore jai prakash v. cit : 79itr598(all) .63. in this connection, the observations of pollock on contracts (12th edition, page 6) referred to in the decision of the rajasthan high court in cit v. motilal ramswaroop are relevant for our present purpose which ..... or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full ..... section 11 of the trusts act authorises the trustees to act beyond the terms of the trust deed in case all the beneficiaries competent to contract give their consent and, in the case of minor beneficiaries, the civil court gives such consent. any action taken by the trustees without such ..... trustee could be held liable to make good the loss which the trust property or the beneficiary has sustained, unless the beneficiary, being competent to contract, has himself concurred or acquiesced therein. therefore, the transfer of trust property by the trustee in breach of trust is not void or a .....Tag this Judgment!