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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1954 Page 1 of about 37 results (0.018 seconds)

Mar 16 1954 (HC)

B.P. Nandy Vs. General Manager, East India Rly. and anr.

Court : Kolkata

Decided on : Mar-16-1954

Reported in : AIR1954Cal453,58CWN488

..... award itself would have to be set aside. in my view, the appeal, while it might be an appeal against the order allowing the claim of indemnity against the appellant, is not such an appeal alone, but also an appeal against the basic order awarding compensation to the workmen. it follows that it ..... an appeal under clause (d) of section 30(1), because the grounds taken were necessary for the purpose of his making out that no order for indemnity should have been made against him, because no order for compensation could be made against the railway. reference was made to the terms of section 12( ..... , the railway and the contractor, took a common ground to the effect that the job which the contractor was required to do in terms of the contract was not the ordinary trade or business of the railway. this contention was obviously raised in order to avoid the operation of section 12(1) of ..... section, but an appeal under clause (d). the latter clause runs thus : (d) 'an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12.'7. it was contended that the present appeal being an appeal by a contractor and it being ..... ram, who is respondent no. 2 before us, employed under the appellant and engaged in work which the appellant was doing for the respondent railway under a contract with that body. the respondent no. 2 suffered a personal injury by accident and claimed compensation from respondent no. 1, the railway. thereafter, at the .....

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Jul 07 1954 (HC)

Bharat Construction Co. Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jul-07-1954

Reported in : AIR1954Cal606

..... of the name of arbitrator should be filled in by entering the expression, 'assistant adjutant and quarter-master general' and that in the case of contracts accepted by the commander, royal engineers, or the chief engineer, the entry should be, 'deputy adjutant and quarter-master general of the command.' ..... the eastern command, apparently speaking on behalf of the government, stated as follows:'in view of the fact that the arbitrator originally mentioned in the contract is a high ranking military officer, the department is prepared to refer the matter to the arbitration of his successor, i.e., brig. i ..... the sole arbitration of major general i/c, administration, eastern command whose decision shall be final, conclusive and binding on all parties to the contract.'3. it should be noted here that the standard form does not name the deciding authority in paragraph 1 or the arbitrator in paragraph 2 ..... was in the following terms: 'all other disputes and differences the settlement of which is not provided for under any other clause of this contract and which shall arise either during the progress of the work or after completion thereof concerning the work or the execution or maintenance thereof or ..... and it was divided into two paragraphs. the first paragraph was concerned with questions relating to the meaning of specifications, drawings and instructions contained in the contract and to the quality of workmanship or materials used on the work. as regards such questions, the 'c. r. e. u. s. works .....

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May 18 1954 (HC)

Baijnath Vs. Kshetrahari Sarkar and ors.

Court : Kolkata

Decided on : May-18-1954

Reported in : AIR1955Cal210

..... , however, goes without saying that gopeswar mullick who was acting merely as a commission agent for procuring a lessee had no authority to enter into any contract of lease with the plaintiff. vide -- 'durga charan mitra v. rajendra narayan sinha', air 1923 cal 57 (c). in the absence of any ..... until it had been approved by plaintiff's solicitor after investigation.then again there is no statement in the letter marked exhibit a that any contract for lease was concluded between the parties. the letter merely says that 'some terms' were discussed and definitely agreed upon between the parties. ..... and there were also some discussions about the proposed lease between the parties. according to the plaintiff, the discussions culminated in a final and concluded contract the material terms whereof were mutually agreed upon by both the parties. the terms were not reduced to writing. that the plaintiff, however, felt ..... broker further is that after this letter was brought the plaintiff and his son rameswar visited the locale in company with the broker and the contract was verbally concluded then and there between the parties by mutual discussion. mullick also stated in his evidence that he again went to the ..... 12, 13, 14 and 15, chingrighatta lane, without any curtailment,8. i next deal with the question whether there was a concluded and complete contract between the parties, and, whether kshetra hari agreed to lease out the premises in question to the plaintiff on the terms and conditions set forth .....

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May 26 1954 (HC)

Prasanta Kumar Sur Vs. International Contractors Ltd.

Court : Kolkata

Decided on : May-26-1954

Reported in : AIR1955Cal101,59CWN675

..... tender the amount of the consideration bars a suit for specific performance. there is no question that there had been an express repudiation of the contract by the defendant as conveyed in the solicitor's letter dated 18-12-1942. was it necessary for the plaintiff after such clear repudiation ..... be held that the plaintiff had within the period intimated his readiness to complete the transaction and the defendant had refused either to accept the contract as valid and binding or to act according to the terms thereof. 19. we shall consider at the proper place the objection raised on ..... bring a suitfor specific performance after 10-2-1943. 8. mr. banerjee on the other hand contends that time being the essence of the contract as under the agreement the provisions required the plaintiff to tender in the first instance the totalamount of the consideration before the completion of the ..... had become inoperative and stood cancelled. the plaint having been filed pfter that date the suit was not entertainable. time being the essence of the contract and the agreement having become inoperative after 10-2-1943 the plaintiff was not entitled to any relief. 7. mr. gupta appearing on behalf of ..... conveyance. 6. the agreement ex. 1 was found to be a genuine and valid document. the court further came to the conclusion that the contract could be enforced specifically unless there was some other legal bar. the learned subordinate judge thereafter found that the plaintiff not having tendered the full amount .....

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Mar 24 1954 (HC)

Kalidas Ghosh Vs. Mugneeram Bangur and Co.

Court : Kolkata

Decided on : Mar-24-1954

Reported in : AIR1955Cal298

..... the prayer portion of the plaint it would be found that the relief asked for by the plaintiff mainly consists of two declarations, viz,, that the contract was still subsisting and that the plaintiff was entitled to get a conveyance executed and registered in his favour by the defndant company on payment of the ..... the knowledge of both parties that a substantial portion of the land covered by the scheme had already come under requisition at the time of the contract, and it was not possible for the respondent company to develop the land fully by constructing roads and drains until the requisition was withdrawn. the ..... of deducing the terms of the contract. 9. mr. sen gupta next contended on behalf of the appellant that the respondent's manager gave a verbal assurance to his client that the ..... from 15-4-1943, on payment of the balanceof the consideration money. in my judgment thelower court is justified in holding that the termsof the entire contract are embodied in the receiptmarked ex. 5. it is also my view that no referencecan be made to the application of the appellantfor the purpose ..... that date on payment of the balance of the consideration money (vide receipt, ex. 5). admittedly, neither party did anything towards the performance of the contract within the above period or even after the expiry of that period until on 20-6-1944, that is, fourteen months after the date of the .....

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Aug 18 1954 (HC)

Pravudayal Agarwala Vs. Ramkumar Agarwala

Court : Kolkata

Decided on : Aug-18-1954

Reported in : AIR1956Cal41

..... have been a partnership at will. 28. although we are convinced that the plaintiff has suffered damages as a direct consequence of the breach of contract by defendant 1, it is difficult to calculate the same with mathematical accuracy by instituting enquiries. the defendant 1 is liable for a breach of ..... salvesen and co. v. rederi akti. nordstjeran' (1905) a. c. 302(f). 27. if the partnership had been entered into in terms of the contract the plaintiff would have been bound to contribute for the partnership business and become entitled to an interest in the leasehold interest and the business itself. moreover, the ..... question has been raised as to whether damages are to be calculated on the basis that there has been a breach of contract or that the defendant had constituted himself as a trustee attracting the provisions contained in section 88, indian trusts act. 21. section 88, indian ..... for a partnership'.we are consequently required to consider the amount of damages which the plaintiff is entitled to. there had been a breach of contract for which the defendant is liable. that is the finding of the trial court which we affirm for reasons already indicated above. 20. a ..... against defendant 1 for the price of the materials alleged to have been supplied by the plaintiff and for further compensation in respect of the contract in question. 11. it is contended on behalf of the defendant appellant that the learned subordinate judge should have held that the plaintiff had .....

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Jun 03 1954 (HC)

A. and J. Kucklow Ld. (In Liquidation) Vs. Inland Revenue Commissioner ...

Court : Kolkata

Decided on : Jun-03-1954

Reported in : [1955]28ITR850(Cal)

..... distribution ?' counsel then passed to the second part of his argument - namely that accepting slesser l. j.s inference from the terms of the section, still, having regard to the contract, it could not at the end of the period have been reasonable to distribute any part of such income.i have already observed that the court dismissed the appeal without ..... of the purchasing company. the crown made no claim in respect of the companys income from and after the date of the contract (november 16). the contest was confined to the period from september 1 to november 15 inclusive.the appeal of the company against the 'direction' made upon the company had, pursuant ..... the court of appeal, namely, that on november 16, 1928, the company had agreed to sell its assets and undertaking to the purchasing company, and it was part of that contract (by clause 8) that the company should from the close of business on august 31, 1928, be deemed to have been and to be carrying on the business on behalf .....

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Aug 04 1954 (HC)

Meghraj Sampatlall Vs. Raghunath and Son

Court : Kolkata

Decided on : Aug-04-1954

Reported in : AIR1955Cal278

..... is excluded are all proceedings in court. mr. dutt's contention was that the words 'other proceeding to enforce a right arising from a contract' were perfectly general and that it could not be said on any reasonable construction of the words that a reference to arbitration was outside their ..... were limited to proceedings in court, sub-section (3) was not similarly limited, but referred to 'other proceeding to enforce a right arising from a contract'. such proceeding, it was contended, might be any proceeding, including the proceeding of reference to arbitration, and it was further said that to refer a ..... to purchasers outside india, but the price at which they themselves purchased. the provisions of the jute goods control order leave such rates and such contracts entirely untouched. 6. the last contention of mr. dutt was that the whole reference to arbitration was invalid, inasmuch as the respondent-firm was ..... ceiling price and since the rate alleged by the respondents to have been fixed by the contract of september was above that ceiling, the arbitrators had acted illegally in computing the measure of the damages by reference to a rate not warranted ..... second point was that the arbitrators were wrong in computing the amount of their award on the difference between the rates fixed by the two contracts. this argument again was based upon the provisions of thejute goods control order, and the argument was that since the order laid down a .....

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Jan 04 1954 (HC)

Mohammad HossaIn Vs. BepIn Behari Ghanti and ors.

Court : Kolkata

Decided on : Jan-04-1954

Reported in : AIR1954Cal247

..... 3), proviso (iii). the intention was to safeguard the rights of a lessor in cases where for instance a settled raiyat takes a contract fort the temporary cultivation of horticultural land with agricultural crops.i do not think the relevant enquiry in such a case is whether the lease ..... the lessee had an undoubted right to remain in possession for the life time of the lessor and for two years thereafter. the expression 'contract for the temporary cultivation of horticultural or orchard land' in my opinion refers to those cases where a horticultural site is made over to ..... 178(3), proviso (iii) was intended to safeguard the rights of a landlord holding horticultural or orchard land, the intention being that a contract for the temporary cultivation of such land with agricultural crops would not entitle the lessee to acquire occupancy rights in terms of section 178(3) ..... appellate court accepted as sound the contention raised on behalf of the defendant appellant that a temporary lease is not the same thing as the contract for the temporary cultivation of horticultural or orchard land with agricultural crops such as is contemplated in section 178(3), proviso (iii) of ..... iii) to the said section 178(3). that proviso runs as follows : 'nothing in this section shall affect the terms or conditions of any contract for the temporary cultivation of horticultural or orchard land. with agricultural crops.'there is an explanation appended to this proviso which defines the expression 'horticultural .....

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Jan 06 1954 (HC)

Sudhangsu Bhattacharjee Vs. Ruplekha Pictures

Court : Kolkata

Decided on : Jan-06-1954

Reported in : AIR1954Cal281

..... agreed to be referred. in the second place, there is a fairly substantial sum in the claim which is in excess of the amount covered by the contract. but the consideration which must overweigh all is that the respondent, by making allegations of a serious character, has put the reputation and the character of ..... be the sole material to which attention must toe confined, the present suit could in no way besaid to involve any construction of or reference to the contract. there is, however, a reference to the film at the top of the statement of accounts and if the plaintiff's affidavit can at all be ..... in greater detail. 'prima facie' at least, it does appear that the suit was based purely on a statement of accounts and no reference to the contract would be necessary for the purpose of either decreeing or dismissing it. if accounts had been stated and if the statement had been signed on behalf of ..... the learned judge reached the conclusion that the dispute was one within the ambit of the wide words of the arbitration clause which were 'arising out of the contract'. 9. certain other matters are discussed by the learned judge in his judgment, but it is not necessary to refer to them, as they were not ..... proceeded, the suit could only be regarded as a suit based on the statement of accounts and to refer to or depend on the contract in no way whatsoever. the contract had not even been mentioned and the appellant had elected to take his chance by suing the respondent-firm on the accounts stated and .....

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