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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1957 Page 1 of about 26 results (0.013 seconds)

Jan 18 1957 (HC)

Dukhineswar Sarkar and Brothers Ltd. Vs. Commercial Tax Officer and or ...

Court : Kolkata

Decided on : Jan-18-1957

Reported in : AIR1957Cal283,[1957]8STC478(Cal)

..... bricks, or the mortar or any other component. if the contractor brings them and dumps them upon the land and does nothing more, he has performed no part of the contract. the contract is to build the house, and when he affixes the brick and mortar to the land, the property therein passes by accession and not by sale. the contractor is ..... legitimately be described as a sale of goods, in order to determine the extent and the limit of the legislative power of a province, and also to see whether building contracts or contracts which were carried out by the assessees during the assessment year, were in any sense transactions for the sale of goods. 5. the government of india article 1935, (section ..... cash or deferred payment or other valuable consideration including a transfer of properly ingoods involved in the execution of a contract, but does not include a mortgage by hypothecation charge or pledge. section2 (h). 'saleprice' means the amount payable to dealer as valuable consideration for : --'saleprice' means : -'sale prices' means ..... include mortgage hypothecation, charge or pledge.'sale'means any transfer of property in goods for money consideration and includesa transfer of property in goods supplied in the execution of a contract butdoes not include a mortgage hypothecation charge or pledge and any grammatical variationof the expression 'sale' shall be construed accordingly.sale means any transfer of property in goods for .....

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Aug 28 1957 (HC)

Re: Arbn. Seth Kerorimal Adwani Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Aug-28-1957

Reported in : AIR1959Cal430

..... this case the petitioner can be held to be responsible for the admitted delay in completing the works and whether in terms of the contract the petitioner is liable to pay the penalty. once the liability is determined, the arbitrator has to accept the quantum determined by the ..... engineer' from the standard clause which is absolutely necessary to give the clause a definite meaning. ambiguity is therefore patent and clause 25 of the contract must be held to be void for uncertainty, unless the ambiguity can be cured by election. words used however, do not give any indication that ..... agreement indicates that not all disputes can be referred to arbitration. the question of penalty having been dealt with in clause 2 of the contract is outside the arbitration clause and all disputes as to whether the penalty should be imposed in the circumstances of the case or its ..... 1954 addressed by the petitioner's advocate, the government was requested to refer the dispute to arbitration in terms of the arbitration clause in the contract.by a letter dated july 23, 1954, the additional chief engineer referred the dispute to arbitration. the petitioner did not attend the arbitration proceedings. ..... challenging the validity of an arbitration agreement and an award passed thereunder. the petitioner undertook the construction of a runway at gauhati airfield under a contract with the government evidenced by a tender submitted by him and accepted on behalf of the president, indian union by the chief engineer, c. .....

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Apr 02 1957 (HC)

Onkarmal Agarwalla and ors. Vs. Bireswar Hazra and ors.

Court : Kolkata

Decided on : Apr-02-1957

Reported in : AIR1959Cal195,61CWN970

..... proceeded upon two lines, the one being those cases where the possession of the part has been treated as possession of the whole, because the court has found either by contract or according to conscience, that possession of the whole is what the person possessed of the part was intended to have, and the other being those cases in which the ..... laws of bengal delivered by saroda charan mitra in 1895. there the learned author states at pages 393 to 396 of his book that in the absence of an express contract to the contrary a temporary lessee is not entitled to work mines, but 'i think a person holding under a permanent lease in which there is no reversion to the .....

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Mar 21 1957 (HC)

G.D. Bhattar and ors. Vs. the State

Court : Kolkata

Decided on : Mar-21-1957

Reported in : AIR1957Cal483,61CWN660

..... be, continues'.a continuing offence is certainly a continuing wrong independently of contract so that if this section were applicable to the present cases the prosecution would undoubtedly be right in saying that there will practically be no limitation of a prosecution under ..... the limitation act without actually referring to it. that section is in the following terms:'section 23.--in the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may .....

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Apr 11 1957 (HC)

Bridges (inspector of Taxes) Vs. Hewitt.

Court : Kolkata

Decided on : Apr-11-1957

Reported in : [1958]33ITR885(Cal)

..... view to take.such a payment (treating it as pounds 36,000 in money) cannot be related to any express or implied term of the appellants contracts of employment or of their directorships, or as any 'incident' of that class of employment. nothing of the kind was contemplated as a means of ..... is so even though payments may come other than the from employer and may depend upon the liberality of others. in moorhouse v. dooland the contract of employment laid it down in great detail when the cricketer could expect or receive the contents of collecting boxes sent round the cricket field.remuneration ..... company were not parties to the deed of covenant. if bearsley continued to hold office as managing director after october 1, 1946 (when his ten-year contract was due to expire) then he would be paid by the company for his services in that office : he would be paid such sums (and they ..... of the proceeds of collection on the ground which a lancashire league professional cricketer was entitled to have made on his behalf by the terms of his contract with the club employing him and the rules of the league. all these cases, save seymour v. reed, went against the taxpayer on their ..... four years had run.there is no need to seek to solve complications which might have arisen in that event.hewitts written contract as secretary dated april 1, 1937, and bearsleys written contract as managing director dated february 15, 1937, expired on september 30, 1946, but both appellants were retained in their respective .....

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Jul 15 1957 (HC)

Ram Naresh Kumar and ors. Vs. the State and anr.

Court : Kolkata

Decided on : Jul-15-1957

Reported in : AIR1958Cal445,1958CriLJ1018,62CWN59

..... this quite clear. the first part therefore, of mr. sanyal's contention that the strikes on 29-7-1953 and 16-8-1953 were not in breach of contract must fail.8. the second part of mr. sanyal's contention is that the order of suspension amounted to a lockout and therefore, the strikes would not be ..... it.7. the fourth and last point of mr. sanyal is that the strikes in question were not illegal, first because they were not in breach of contract and secondly because the order of suspension of 8 ash coolies amounted to a lockout and the strikes of 29-7-53 and 16-8-53 being the ..... reliance was placed on jiwan das v. rabin sen, : (1956)iillj473cal (a). 4. the strikes were not illegal, first because they were not in breach of contract and secondly because of section 24(3) as the so-called strikes were the consequences of an illegal lock out of the 8 ash coolies who were placed under ..... or in other words, when workmen 'strike' within the definition of the word in section 2(q) but at the same time there is no special contract not to strike, the prohibitions in sections 22 and 23 would not affect such strikes. thus, a large part of the evil which is a measure like ..... this illegal lockout could not have been illegal. section 23 i. d. act is a general prohibition against strikes and lockouts, strikes in breach of contract being forbidden during the pendency, inter alia, of proceedings before a tribunal and lockouts being forbidden during the pendency of such proceedings. that the expression 'breach of .....

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Jul 02 1957 (HC)

Ram Chandra Ram Nag Ram Rice and Oil Mills Ltd. Vs. Howrah Oil Mills L ...

Court : Kolkata

Decided on : Jul-02-1957

Reported in : AIR1958Cal620,62CWN773

..... by the plaintiff in the present case, however, it is quite clear to me that in this case the plaintiff bases his claim entirely upon the contract. the statements in paragraphs 2, 3, 4, 5, 6 and 7 of the plaint make it quite clear that the plaintiff is suing for the ..... strike at the very foundation of the plaintiff's claim against the defendant no. 1, it was abandoned. it was, however, still argued that the contract did not create an arbitration agreement between the plaintiff and the defendant no. 1 within the meaning of the arbitration act. reliance was placed on the ..... 1. the bought notes which have been produced by the defendant no. 1 contain an arbitration clause which runs as follows: 'all disputes regarding the contract are to be settled by two arbitrators one nominated by buyers and one nominated by sellers respectively in accordance with the indian arbitration act in calcutta'. ..... no. 1 and consequently the courts below acted without jurisdiction in making an order of stay under section 34 of the indian arbitration act. the contract in this case was entered into by the delivery and acceptance of bought and sold notes to the buyer and seller respectively. the bought notes delivered ..... of howrah. the defendant no. 1 filed an application for stay of the suit u/s 34 of the indian arbitration act alleging that the contracts under which goods were sold contained an arbitration clause. both the courts below have granted that prayer and against that order the plaintiff has obtained the .....

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Mar 08 1957 (HC)

Indian Iron and Steel Co. Ltd. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Mar-08-1957

Reported in : [1957]8STC517(Cal)

..... , as being intended for re-sale by him, or for use by him in the manufacture of goods for sale or for use by him in the execution of any contract' shall be deducted from his gross turnover. since that portion of the gross turnover which is constituted by sales made to a registered dealer of goods of the class or ..... to purchase any goods which will be resold by him or which will be used by him in the manufacture of goods for sale or used in execution of any contract, he shall specify such goods in the certificate and when such goods have been so specified, no tax shall be payable on the sales of such goods to the grantee ..... for resale' or 'are required by such dealer for use by him either in the manufacture of goods for sale' or are required for use 'in the execution of any contract', as the case may be. sub-rule (5) of rule 27a prescribes the form to be used in making such declaration and the form is form xxiv which is to .....

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Oct 29 1957 (HC)

In Re Mcneill, Decd. Royal Bank of Scotland Vs. Macpherson and Others.

Court : Kolkata

Decided on : Oct-29-1957

Reported in : [1959]37ITR16(Cal)

..... on the legacies as a gains the legatees, there war nothing to justify the court in holding that as between the reside and the pecuniary legatees the former ought to indemnity the latter against such duties; and that cozens-hardy based his judgment on section 8(4) and though that the legacies must be regarded as property which passed to the .....

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May 01 1957 (HC)

Kanailal Mookerjee Vs. Kali Mohan Chatterjee

Court : Kolkata

Decided on : May-01-1957

Reported in : AIR1957Cal645,62CWN136

..... prasad v. gordhan : air1934all616 and held that these decisions are more in point and support the propositions that the principles underlying sections 133 to 141, contract act, apply to bonds in favour of courts although the sections may not be by them-selves applicable. the other decision on which mr. banerjee relied ..... in favour of a court would not entitle him to be relieved of his engagement, as the principles on which sections 133 to 141, contract act, are based are inapplicable to such bonds.'the decision of the nagpur high court on which mr. banerjee relied was cited before their lordships ..... argued before them in the' first instance that the word 'court' comes within the defnition of a 'creditor' as defined in section 126 of the contract act. that contention was not accepted by their lordships, but they accepted the other contention urged on behalf of the appellant, namely, that even if ..... payment or impairs the surety's remedies against the principal debtor which he would have been entitled to pursue on discharging his obligations, converts the contract between the creditor and debtor into a different one from what the surety had stood a guarantee for, and would entitle the surety to be ..... of the said consent decree the decree-holder in effect gave time to the judgment-debtor and came within the mischief of section 135 of the indian contract act. mr. banerjee again relied on the said case of jia bai v. joharmull bothra (a), and particularly on certain observations made by rankin .....

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