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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1950 Page 1 of about 23 results (0.016 seconds)

Jun 07 1950 (HC)

S.M. Ghose Vs. National Sheet and Metal Works Ltd. and anr.

Court : Kolkata

Decided on : Jun-07-1950

Reported in : AIR1950Cal548,54CWN716

..... ltd. applied to the court to add the appellant as a party and claimed the tight of indemnity against the appellant. it was not for the appellant to prove that the work which he contracted to do was not ordinarily the kind of work performed by the national sheet and metal works ..... not challenged that finding. indeed they accepted the position that they were liable throughout the proceedings and only claimed that they were entitled to an indemnity. it is quite impossible to interfere with the order for compensation made by the commissioner against the respondents, the national sheet and metal works limited ..... appellant, opposite party no. 2, was liable to indemnify opposite party no. 1, the respondent national sheet and metal works ltd. 7. the right of indemnity arises under sub-section (2) of section 12, if the case falls within sub-section (1) of section 12. that sub-section is in these terms ..... workman to prove that the work done by the appellant under the contract was work which ordinarily formed the whole or part of the national sheet and metal works ltd's business, that fact having been established, a right of indemnity would arise. but it appears to me that the court could ..... not possibly hold in this case that section 12 applied at all. 14. the commissioner in his judgment disposes of the point in a somewhat summary manner. he observes in his judgment as follows : 'opposite party no. 2 admits that he accepted a contract .....

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May 22 1950 (HC)

Ram Kumar Agarwalla Vs. P.C. Roy and Co. (India) Ltd.

Court : Kolkata

Decided on : May-22-1950

Reported in : AIR1952Cal397

..... express terms contemplated such-an event & provided against it. in this case, however,- requisition, was not made during the period of performance. it will be remembered that in the contract no time had been fixed for performance & therefore performance had to be completed within a reasonable time. the correspondence shows that the deft, had been postponing taking of delivery from ..... parties to performance notwithstanding the supervening event may occur. discharge by supervening impossibility, is not a common law rule of general application, like discharge by supervening illegality; whether the contract is terminated or not depends on its terms & the surrounding circumstances in each case. every case in this branch of the law can be stated as turning on the question ..... were framed:'1. what were the terms of the contract between the parties?2. was the plff. under any obligation to arrange for wagons or permits?3. was the deft, company bound to make diligent efforts to secure wagons? ..... reason of the fact that the govt. of bihar requisitioned 12,500 maunds of rice lying with the mills which included the rice which was the subject matter of the contract in this suit, & alternatively, that the time for performance or delivery was reasonably extended. the company denied liability & challenged the basis of calculation of damages.5. the following issues .....

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Mar 20 1950 (HC)

Bhuwalka Bros. Ltd. Vs. Fatehchand Murlidhar

Court : Kolkata

Decided on : Mar-20-1950

Reported in : AIR1952Cal294

..... this point is this: by section 3(c)(ii),'notwithstanding anything contained in any other law for the time being in force, every such contract (meaning a contract which comes within the purview of the ordinance) made prior to the date of publication of the' notification shall be varied & settled ..... outbreak of war the defts. were unable to ship the sugar, & the piffs. brought an action against the defts., claiming a declaration that the contracts were suspended or dissolved & an injunction restraining the defts. from proceeding with arbitration. on an application by the defts. for an order that the ..... in the weekly notes cases, the facts were very simple. there it was alleged by the petitioner in those cases that the parties entered into the contracts on the basis & subject to the condition that the jute price control order would be continued after september, 1946, & the rights & obligations of ..... to be the closing rate of such market immediately preceding the date of publication of the notification under sub-section (1) prohibiting the making of contracts relating to jute goods futures; &(b) 'notified market' means a jute goods futures market recognised by the provincial govt. by notification in the ..... to be exercised: one, the court should not lightly release the parties from their bargain; that follows from the sanctity the court attaches to contracts; the other, that the court should be satisfied that a substantial miscarriage of justice will take place in the event of its refusal to .....

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Jan 19 1950 (HC)

Haji Ebrahim Kassam Cochinwalla Vs. Northern Indian Oil Industries Ltd ...

Court : Kolkata

Decided on : Jan-19-1950

Reported in : AIR1951Cal230

..... to find out the error of law. the language of the arbitrator is not such in the award which can be construed to mean that either the contract or the papers are incorporated in the award. the last pronouncement of the judicial committee of the privy council on this point is in durga prosad v ..... with the award as to entitle the court to refer to them as showing either that the award was wrong in law or that under them the contract has come to an end and therefore the jurisdiction of the arbitrators had terminated. than again the judicial committee of the privy council in salleh md. ..... a matter which is within the special knowledge of the arbitrators as businessmen of experience and they can only decide that the due dates of the contract were extended provided that there were some materials on the point. that may be right or that may be wrong but they are entitled to come ..... mr. kasera. petitioner's counsel has said that the petitioner has confidence in mr. kasera who is a man of business and who deals in the contract commodity. his fitness to act as an arbitrator has not been questioned.'those observations are material because although the applicant did not succeed before my learned ..... ltd., 3 wagons of pure mahuya oil. the respondents claimed rs. 3368-9-3 as damages for non-acceptance being based on the difference between the contract price and the market price. after some disputes, by a letter dated 9-2-1949 the respondents' solicitor informed the applicant of the appointment of pannalal .....

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Sep 06 1950 (HC)

Mugneeram Bangore and Co. Vs. Satyabrata Ghosh and anr.

Court : Kolkata

Decided on : Sep-06-1950

Reported in : AIR1951Cal332,55CWN222

..... and if that foundation has disappeared.30. as the parties contemplated that roads and drains would be constructed, and the conveyance completed within a few years the foundation of the contract was that the lands would remain available for the construction of such roads and drains, without any appreciable break, for this period of time. with the requisition of the ..... unproductive for an unascertained period. their plan obviously was to complete the construction of roads as early as possible. the time they had in contemplation for the performance of the contract was, therefore, the period which such construction was expected to take plus the period of one month. the evidence of the contractor who was actually entrusted with the construction ..... suit was decreed by the trial court, and that decree was confirmed by the district judge.4. mr. gupta for the appellants has pressed before us the contention that the contract stood dissolved by frustration, as its performance became indefinitely impossible.5. the doctrine of frustration, which had been incorporated into the english law, from the roman law, several centuries ..... sale of lands with different parties, accept a very small portion of the consideration money, as earnest money, undertaking to construct roads and drains in order that the lands contracted to be sold might be suitable for building purposes, and agreeing to complete the conveyance on receipt of the balance of the consideration money after the construction of such roads .....

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May 09 1950 (HC)

Sm. Nandarani Dassi Vs. Satyanarayan Harit

Court : Kolkata

Decided on : May-09-1950

Reported in : AIR1951Cal405,54CWN589

..... the tenant thereof & includes any person who is entitled to bring suit for such rent.2 (11) 'tenant' means any person by whom rent is, or but for a special contract would be, payable for any premises, & includes any person who is liable to be sued by the landlord for rent.'12. this definition is contrasted with the definition of 'tenant .....

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Jun 19 1950 (HC)

Carlsbad Mineral Water Mfg. Co. Ltd. Vs. H.M. Jagtiani

Court : Kolkata

Decided on : Jun-19-1950

Reported in : AIR1952Cal315

..... his behalf that the application is misconceived inasmuch as it seeks to enforce an alleged agreement (which is denied) to enter into another agreement. it is contended next that the contract, if any, being one for personal services, cannot be specifically enforced. it is also said that there was no consideration for the alleged agreement & that the same was, in ..... the meantime, proceed to make all preparations necessary for the next term. on 17-10-1949 the applicants received an official communication from the chief commercial manager saying - 'the hew contract is being drawn up, a copy will be sent to you later.' thereupon the applicants made all preparations necessary for the next term of three years, imported & purchased all ..... from time to time as a matter of course.4. it is said that on the applicants insisting upon the said agreement or arrangement being incorporated into the then next contract, the said administration, in order to remove the feeling of insecurity on the part of the applicants, convened a meeting of the various divislpnal superintendents'of the said administration. ..... the growing requirements of the said railway administration. it is the applicants' case that in or about 1928 they asked that subject to their services being satisfactory, the periodical catering contracts should thenceforward stand on a permanent basis with regard to renewals thereof, so that they could continue & improve their services by malting further investments & thus pursue a policy of' .....

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Apr 04 1950 (HC)

Manicklall Dutt Vs. S. DabiruddIn Ahmed

Court : Kolkata

Decided on : Apr-04-1950

Reported in : AIR1951Cal236,54CWN572

..... defendant be regarded as a tenant under the new act of 1950 the defendant in this case is not a person by whom 'rent' is or but for a special contract would be payable within the meaning of section 2 (11) of the act of 1950. the expression 'rent is' means a present and continuing liability to pay rent at the ..... 'for ejectment of a tenant.'8. section 2 (11) of the new act of 1950 defines a tenant as the person by whom rent is or but for a special contract would be payable and includes any person who is liable to be sued by landlord for rent. mr. huq contends that the defendant is a tenant by reason of the .....

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Mar 07 1950 (HC)

Panchanon Shaw Vs. Satyabandhu Mukherjee

Court : Kolkata

Decided on : Mar-07-1950

Reported in : AIR1950Cal319,54CWN541

..... opinion, the special feature of this case is that the decree in question was a consent decree and although section 31 of the act specially provides that nothing in any contract between a landlord and a thika tenant after the commencement of the act shall take away or limit the rights of the tenant, by implication there is no bar in ..... the case of a contract made, as in the case of this consent decree, prior to the commencement of the act.5. in a proper case, it will be necessary to consider what exact difference ..... , even if in some points it is not in conformity with the act, is not in a broader sense in conformity with the act in the view that pre-act contracts may exist having the effect of barring the provisions of the act.7. the question of whether a consent decree could be set aside under section 9b (3), calcutta house .....

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Aug 11 1950 (HC)

Jogendra Nath Mondal and ors. Vs. Adhar Chandra Mondal

Court : Kolkata

Decided on : Aug-11-1950

Reported in : AIR1951Cal412,55CWN289

..... in the case of tort is to be issued as provided in the specific relief act. all that is necessary is to ascertain first whether under the law relating to contract & tort there is an obligation, a breach of which is threatened, secondly whether the general principles regulating the ground of an injunction relief permit of such remedy under the particular ..... tort is an act or omission giving rise by virtue of the common law jurisdiction of the courts to suffer remedy which is not against contract. it is commonly said to be an actionable wrong independent of contract. in ballison v. guildford, (1874) 18 eq. 359 d + the master of rolls speaking of the principles upon which a court of equity enforces .....

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