Court : Kolkata
Reported in : AIR1985Cal282,89CWN909
..... effect that though the court can fix a time limit for discharge of mutual obligations by the parties in a suit for specific performance of contract, the prescriptions can never be peremptory that they cannot be subsequently altered under any circumstances. it has been decided in the case of tapan ..... by the learned subordinate judge, the increase in valuation of the property should not weigh with the court in deciding whether specific performance of contract should be granted or not. because the defendant was hard-pressed for money for giving his daughter in marriage at the relevant time, the ..... that the decree for specific performance of the contract for sale will entail hardship on the defendant. apart from ..... having a decree for specific performance of the contract for sale. mr. das gupta has argued ..... ready and willing to perform his part of the contract. he has argued that the insistence on the part of the plaintiff to have an indemnity clause in the draft deed of sale, ext. 2, though there was no such agreement for indemnity clause between the parties, disentitles the plaintiff from .....Tag this Judgment!
Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... as between themselves, whatever the plaintiff had done in furtherance of their illegal designs, and would have precluded him from claiming, in a court of law, any indemnity from the defendant in respect of the liabilities he had incurred: common v. bryee (1819) 3 b. & aid. 179; mckinnel v. robinson (1838) ..... . there is no definite head or principle of public policy evolved by courts or laid down by precedents which would directly apply to wagering contracts. even if it ispermissible for courts to evolve a new head of public policy under extraordinary circumstances giving rise to incontestable harm to the ..... employed by the defendant to speculate for him upon the stock-exchange, entered into contracts on behalf of the defendant with a third party upon which he (the plaintiff) became personally liable. he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held ..... supreme court held that betting is not illegal or immoral or contrary to public policy. the learned advocate has also referred to the law of contract by cheshire flfoot and furmston (11th edition) relied on by the petitioners at page 311 last paragraph in this connection.65. it has been ..... be perpetrated.b) it seems that while enacting the said provisions in the west bengal act, blindly the provisions in section 30 of the contract act, 1872, a piece of legislation during the british rule has been followed.c) if there is no sanction under the constitution of india .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1989Cal150,71CompCas241(Cal),93CWN247
..... and upon demand by the beneficiary the bank is liable to honour such obligation regardless of any controversy between the parties about fulfilment of contract. in coming to such conclusion the unconditional wording in the letter of indemnity weighed very much in further finding, by the court that there was no equity in favour of the appellant.13. more or less, ..... ' of international trade and commerce which thereby impose upon the banker an absolute obligation to pay under such documents which parties furnish as security at the time of entering into contracts. '9. this question and the position of law as stated was raised and considered in numerous cases and there are authorities galore, both foreign and indian in support of ..... entirely dependent upon its terms which is absolutely silent as to any conditional enforcement pending the quantification or assessment of any damage or determination of breach of the terms of contract between the parties. the view that banks cannot be absolved of their responsibility to honour their obligations is based on the time honoured practice and elaborate commercial system that ..... damages with a prayer for further declaration that respondent 1 company is not entitled to enforce the bank guarantees furnished by the plaintiff-appellant pursuant to the express terms of contract between the parties. pursuant to an offer made by the respondent company, the appellant was entrusted with the job work of collecting metallic wires of different sizes and quality .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1937Cal297
..... that case. in point of fact the learned chief justice based his decision upon the ground that the plaintiff was in substance seeking to enforce a wagering contract. in this case it seems to me that legally the ticket is of no importance. mr. chatterjee, in the beginning, was disposed to argue ..... 'through' members, i assume that the sweepstake is confined to members of the turf club, i. e., that the only parties to the contract, valid or otherwise, are the members who apply for the tickets. in practice the circle is very much wider, because these members take tickets 'for' outsiders. ..... the turf club or its members, and b, mr. 'wright.9. for the purpose of deciding this case it is not necessary to determine whether privity of contract was established between a, a. a, and c or d, through b. but in point of fact, from the circumstance that tickets have to be taken ..... cal 445 an indian decision of this class, (3) contract of agency between b and c, b having made the contract of wager with a in the capacity of agent for c with the implied contract which follows from such a relationship, for instance, right to indemnity and liability to make over proceeds. notwithstanding the act of ..... 1845, it was held as regards the 3rd class not only that b as agent is entitled to his indemnity, but that he is also bound .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1930Cal596
..... 826, at p. 398.4. in the case of consolidated exploration and finance co. v. musgrave  1 ch. d. 37, it was held that any indemnity given to bail whether by the person bailed or another, is illegal. it is essential that the person giving bail should be interested in looking after the accused and, ..... of his principal's conduct, the surety has no interest in taking care that the condition of the recognizance is performed. therefore, it is held that a contract like this is tainted with illegality. following this rule it was held in prosanna kumar chakravarty v. prokash chandra butt  28 i.c. 560 and ..... decreed the suit. against that order the petitioner has obtained the present rule.2. the trial court has proceeded upon the view that there was an implied contract by the defendant to indemnify the plaintiff upon the bail bond. it is pointed out on the other side that the bail bond itself is not on ..... and cannot be enforced.5. it is contended in behalf of the opposite party that although there may not be an express contract, sill there may be an implied contract. but under section 9, contract act, the difference between the promises express and implied is that the former is made in words, while the latter is ..... duly appear on the date fixed for the hearing. but i do not think that the implication went any further and that there was an implied contract that the accused should either appear on the date fixed or pay the amount which his surety had to pay. it may be noticed here that .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1924Cal124
..... bears to the entire estate...section 79 provides that 'the receipt of any proprietor...whose name and the extent of whose interest is registered under this act shall afford full indemnity to any person paying rent to such proprietor.' it is contended on behalf of the respondent that having regard to the provisions of section 78 (second, paragraph) the defendant would ..... act seem to refer to a third person whose name is not registered at all. the object of section 60 of the bengal tenancy act appears to be to afford indemnity to tenants who pay rent to the person whose name is registered under the act, and to debar them from pleading in defence to a claim for rent by such ..... to the plaintiff, and. under section 79 the receipt of the heirs of chandranath whose names are registered with respect to an 8 annas of the estate, would afford full indemnity in respect to such share.12. section 81, however, provides : 'nothing contained in the three last preceding sections shall be held to interfere with the conditions of any written ..... contract. in the present case there was a written contract under which the entire rent was due to purna and his successors. there is some difference of opinion as to the construction to be placed upon .....Tag this Judgment!
Court : Kolkata
Reported in : 78Ind.Cas.7
..... to the entire estate...,' section 79 provides that that the receipt of any proprietor...whose name and the extent of whose interest is registered under this act shall afford full indemnity to any person paying rent to such proprietor. it is contended on behalf of the respondent that, having regard to the provisions of section 78 (second paragraph), the defendant would ..... act seem to refer to a third person whose name is not registered at all. the object of section 60 of the bengal tenancy act appears to be, to afford indemnity to tenants who pay rent to the person whose name is registered under the act, and to debar them from pleading in defense to a claim for rent by such ..... rent to the plaintiff, and under section 79 the receipt of the heirsof chandranath whose names are registered with respect to an 8 annas of the estate, would afford full indemnity in respect to such share.12. section 81, however, provides: 'nothing contained in the three last preceeding sections shall be held to interfere with the conditions of any written ..... contract.' in the present case there was a written contract under which the entire rent was due to purna and his successors. there is some difference of opinion as to the construction to be placed upon .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD352(Kol.)
..... or the transfer of any right in the property in favour of the insurance company and that the payment was by virtue of the contract of insurance or indemnity and under the terms of the said contract.7. respectfully following these two decisions, we hold that the cit (appeals) was not right in directing the assessment of the amount of rs. 8 ..... ) of the act and the provisions of section 45 were not attracted. it was held that the money received under the insurance policy in such case was by way of indemnity or compensation for the damage, loss or destruction of the property. it was further held that the compensation cannot be stated to be consideration for the transfer of the property .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1927Cal668
..... the purchase of the goods in suit upon the terms and conditions of the indents, that they have not performed their part of the contracts, and that the claim in the suit for damages or for an indemnity must fail.13. learned counsel for the defendant further contended that in these transactions the plaintiffs throughout were acting as agents for the defendant ..... , and that privity of contract was established between the suppliers and the defendant. but i refrain from discussing the interesting question of law that was mooted ..... less favourable to the purchaser. after the suppliers had agreed to sell the goods to the plaintiffs the plaintiffs sent the placement reports to the defendants. i find that the contracts under which the plaintiffs bought from the united states steel products co. were concluded between the suppliers and the plaintiffs as principals, and that the suppliers gave credit solely to ..... november 1920, the plaintiffs made it clear to the defendant that they would only consent to cancel the indents if the suppliers were willing to forgo their rights under the contracts that they had made with the plaintiffs. when the suppliers remained obdurate, and insisted upon the transactions being completed, the defendant, as appears from his letter of the 9th february .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1983Cal148,58CompCas695(Cal)
..... the true ground, on which the clause limiting the time of claim rested and was maintainable, was that, by the contract of the parties, the right to indemnity in case of loss and the liability of the company therefor did not become absolute unless the remedy was sought within the ..... 516, though it must be admitted that that decision is of no direct assistance, since the question of the effect of section 28 of the contract act on such agreements was not expressly considered.' but, in this decision, none of the learned judges has really doubted that there can be ..... defendants' contention here that the particular clause upon which he relies is not void by reason of anything contained in section 28 of the contract act. the language of the clause in this case is far more favourable to the defendants having regard to the reasoning which seems to ..... star and british dominions insurance co. ltd., air 1924 cal 186.6. we may incidentally refer to the observation of pollack and mulla on indian contract and specific relief acts, ninth edition. after discussing several decisions, the learned editor of that book has observed at page 296 as follows :--'in ..... time fixed by the condition in the policy. the true principle seems to be that yon cannot keep the right alive and prescribe a shorter period of limitation. that would be bad. but parties would certainly contract .....Tag this Judgment!