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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1949 Page 2 of about 17 results (0.053 seconds)

Sep 09 1949 (PC)

Calcutta Agency Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Sep-09-1949

Reported in : AIR1950Cal270,[1950]18ITR635(Cal)

..... to spend the amount in question and such expenditure must be incurred not only exclusively but necessarily for the performance of its duties. if there is no stipulation in the contract of service or employment to spend a particular amount, then the deduction is not permissible under the first proviso to section 7. for example, when an engineer is appointed to .....

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Dec 14 1949 (PC)

Esrali Molla and ors. Vs. Adhir Kumar Saha and ors.

Court : Kolkata

Decided on : Dec-14-1949

Reported in : AIR1950Cal502,54CWN489

..... mortgagee does not proceed to enforce his security under order 34. section 34(1)(b) would on the petitioner's interpretation entitle the borrower in case of only unsecured loans contracted before the passing of the act to get instalments where the lender sues merely for recovery of the loan. the interpretation suggested above would thus result in an anomaly, and .....

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Nov 03 1949 (PC)

Province of West Bengal Vs. Midnapore Zemindary Co. Ltd.

Court : Kolkata

Decided on : Nov-03-1949

Reported in : AIR1950Cal159,54CWN677

..... the rent which accrued due before the partition, because article 8 (2) provides that'all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the province of bengal be rights or liabilities of the province of west bengal ..... on behalf of the province of east bengal instead of the province of bengal and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the province of bengal, be rights or liabilities of the province of west ..... bengal or the province of east bengal, as the case may be.'6. it is clear from this article that if the purposes for which the contract was made were after the appointed day the exclusive purposes of the new province of west bengal, then the province of west bengal would be liable though the ..... bengal before partition. that to my mind is clear from the terms of article 8, sub-clause (2). if after independence day the purposes of the contract can be regarded as exclusively the purposes of the new province of west bengal then west bengal is liable for what accrued due under this ..... contract before partition.12. it may be that the case was not presented properly before the lower court and the truth may be that areas now failing .....

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Dec 16 1949 (PC)

Basanta Lal Vs. Comrs. for the Port of Calcutta and ors.

Court : Kolkata

Decided on : Dec-16-1949

Reported in : AIR1951Cal460

..... the comrs. of the port of calcutta, while receiving or carrying goods, is that of a bailee as provided in sections 151, 152 & 161, contract act, that s. 112 has been introduced. this section does not lay down any rule either for the service of a notice far less determine the period of limitation within ..... opening words of section 112, calcutta port act, make it abundantly clear as to the purpose for which the provisions of the railways act or the particular sections of the contract act as are referred to are made applicable & not that the entire railways act is attracted. it is only for the purpose of making it clear that the responsibility of ..... in the present case as under section 112 of the same act the provisions of the indian railways act, 1890 are made applicable as also certain provisions of the indian contract act. it is urged that section 77, railways act, would be applicable. under that section, notice in writing is to be given within six months from the date of the ..... received for carriage by rly , subject also to the provisions of the railways act, 1890, be that of a bailee under sections 151, 152 & 161, contract act, 1872, omitting the words 'in the absence of any special contract' in section 152, of that last mentioned act.(2) with the previous sanction of the central govt. & under such circumstances & conditions as the central .....

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Apr 07 1949 (PC)

Corporation of Calcutta Vs. Sub-post Master, Dharamtola Post-office

Court : Kolkata

Decided on : Apr-07-1949

Reported in : AIR1950Cal417

order1. this rule was issued against an order of acquittal passed by the municipal magistrate, calcutta and raises some very important questions of law.2. a complaint was filed on behalf of the corporation of calcutta against the opposite party station inter alia that premises no. 43, dharamtola street, calcutta was being used or permitted to be used as grains, flour and atta shop without taking out a license for the year 1945-46 under section 386, calcutta municipal act. summons was accordingly issued against the opposite party. the learned magistrate by his order dated 1st march 1948 held that the storing of grains in the premises was by the post and telegraphs department of the government for the benefit of the employees of that department, and not for trade, and to that purpose could not be taken to be 'storing' as contemplated under section 386 (1) (a), calcutta municipal act; and that the prosecution was also bad in law as the relevant provisions could not bind the crown. the magistrate accordingly acquitted the accused of the charges.3. mr. basu appearing on behalf of the corporation contends that section 386 read with schedule 19, calcutta municipal act, is attracted if any one of the different items mentioned in the schedule are stored, irrespective of the fact whether such storing is for purposes of trade.4. chapter 26, calcutta municipal act, is headed as for 'inspection and regulation of premises, and of factories, trades and places of public resort.' this chapter .....

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Dec 01 1949 (PC)

Baburam Agarwalla Vs. Jamunadas Ramji and Co.

Court : Kolkata

Decided on : Dec-01-1949

Reported in : AIR1951Cal239,54CWN189

..... 13, letters patent, to remove the suit from a dinajpur court to this high court on the grounds (i) that question of difficulty like extortionate and unconscionable bargain in a contract were involved in the suit and (ii) of balance of convenience with regard to the nature of evidence in the suit. i find this case to be no authority in .....

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Mar 10 1949 (PC)

Murari M. Mukherjee and ors. Vs. Prokash Ch. Chatterjee

Court : Kolkata

Decided on : Mar-10-1949

Reported in : AIR1950Cal230

..... has been recorded in any record- of-rights as holding, under the title ''dakhal basalkar' or other like appellation, land under another person and is, or but for a special contract would be liable to pay rent, at a monthly or at any other periodical rate, for that land to such other person and has erected any structure on such land .....

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