Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1957 Page 2 of about 26 results (0.014 seconds)

Feb 12 1957 (HC)

State of West Bengal Vs. Narendra Nath Roy

Court : Kolkata

Decided on : Feb-12-1957

Reported in : AIR1958Cal21,61CWN472

..... cited at thebar was found out by my learned brother forwhich i am indebted to him. in construing thecontract parkar, j., observed as follows at p.442: 'a contract for the sale of specific timber growing on the vendor's property, on the terms that such timber is cut and carried away by the purchaser, certainly confers on the ..... document it isquite clear that title to trees cut by the purchaser passed to him under the agreement forsale read with schedule 1 and the sale notice, ex.c. a contract in similar terms fell to be considered in the case of james, jones and sons,ltd. v. earl of tankerville, (1909) 2 ch 440(a), a decision which though not ..... to take placeat a future time or subject to some conditionthereafter to be fulfilled, the contract is calledan agreement to sell. sub-section (4) providesthat an agreement to sell becomes a sale whenthe time elapses or the condition's are fulfilledsubject to which the property in ..... cut. the learned additionalgovernment pleader also relies upon sub-sections(3) and (4) of section 4 of the indian sale of goodsact. sub-section (3) provides that where under a contract of sale the property in the goodsis transferred from the seller to the buyer, thecontract is called a sale, but where the transfer of the property in the goods is .....

Tag this Judgment!

Dec 23 1957 (HC)

Palriwala Brothers Ltd. Vs. Collector of Customs, Calcutta and ors.

Court : Kolkata

Decided on : Dec-23-1957

Reported in : AIR1958Cal232,1958CriLJ628

orderp.b. mukharji, j. 1. this is an application by palriwala brothers ltd., for a writ of mandamus directing the collector of customs, the additional collector of customs, and the assistant collector of customs, calcutta, to recall, revoke & cancel the notice to show cause no. 537-2 55/53p (part) 'alca' dated 8th february, 1956 and all other notices and directions or orders issued or passed in connection therewith and also calling upon them to forbear from proceeding under section 167(3) and (8) of the sea customs act read with section 3(2) of the import and export control act, 1947 or under section 167 (8) of the sea customs act read with sections 12(1) and 23-a of the foreign exchange regulations act and from in any way giving effect to or enforcing the order of 28th june, 1956 in connection therewith. 2. the petition is full of repetitions and is unnecessarily prolix. it runs into 56 paragraphs where some paragraphs are almost verbatim repetitions of previous paragraphs. 3. although the petition is supposed to be on behalf of a limited company, yet no director of the company has affirmed the petition or made any affidavit in these proceedings. the person who signs and affirms this petition is one manindra bhusan banerjee who describes himself in the first portion of the petition as the export superintendent of the company. in the affidavit-in-opposition of suberna kumar srivastava affirmed on 1st march, 1957 it was distinctly alleged that the petition is not properly .....

Tag this Judgment!

Aug 22 1957 (HC)

Sheonath Singh Vs. Commissioner of Income-tax, West Bengal

Court : Kolkata

Decided on : Aug-22-1957

Reported in : AIR1958Cal606,[1958]33ITR591(Cal)

chakravartti, c.j.1. one mr. sheo nath singh objected to the adding back of a sum of rs. 14,000/- in his assessment for the year 1944-45 and having failed to obtain complete relief from the appellate assistant commissioner, became desirous of preferring an appeal to the appellate tribunal. the order of the appellate assistant commissioner was passed on the 30th of july, 1954 and a copy of it reached mr. singh on 5th of august following. making allowance for certain holidays, the last day for filing the appeal before the appellate tribunal would be 13th of october, 1954. on 30th of september, 1954, a memorandum of appeal was filed in the office of the tribunal, but it was neither signed nor verified by mr. singh. it was both signed and verified by an authorised representative, one mr. s.k. ray, and along with the memorandum was filed a document of authority. the assistant registrar of the tribunal pointed out that the memorandum had not been signed by the appellant, whereupon the authorised representative said that the appellant was in england at the time and that a revised memorandum of appeal would be filed as soon as he returned. subsequently, on 13th of october, 1954, a second memorandum was filed which was verified by mr. singh and signed below the verification, but not further signed below the grounds of appeal, as set out in the statutory form. there, it was again signed by the authorised representative, mr. s.k. ray. still later on 14th of december, 1954 mr. singh .....

Tag this Judgment!

Mar 06 1957 (HC)

R.N. Bose Vs. Manindra Lal Goswami

Court : Kolkata

Decided on : Mar-06-1957

Reported in : AIR1957Cal696,[1958]33ITR435(Cal)

chakravartti, c.j.1 by the judgment under appeal before us sinha j., has decided two questions, but as the application before him could have been disposed of on a single ground and the present appeal can be disposed of likewise, it is really not necessary to consider the question arising out of the second ground. mr. meyer, however, invited us to decide the second question as well, because it had been canvassed before the learned trial judge and because, he said, the department needed a decision for its guidance. we shall accede to his request. 2. the facts are these. the respondent was one of three partners of an unregistered firm, carrying on business at 12 dalhousie square, calcutta, under the name and style of dyes and chemical agency. it is said, that the firm did business only from, 1st of april 1940 up to 31st of march, 1944 and that a notice of its dissolution was given to the income-tax department on or about 14th of january, 1947. the department did not admit or deny receipt of the notice, but since it is seeking to justify the assessment as an assessment on a dissolved firm, the question whether a notice of dissolution was or was not given is not material. it does not appear whether the firm had previously been assessed to income-tax, but towards the end of 1944, the income-tax officer, district iii (1) calcutta, came to be of opinion that the firm's income for the assessment year 1943-44 had escaped assessment. acting on that view, the income-tax officer issued a .....

Tag this Judgment!

Sep 12 1957 (HC)

Ramrichpal Agarwalla and ors. Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-12-1957

Reported in : AIR1958Cal257,62CWN561

..... is the purchaser, but he says that by naming its agent in the order, the statute is satisfied, and the seller is not prejudiced, because, under section 226 of the contract act, the state will be compelled to pay the price of goods taken delivery of by its agents.' this argument is of no substance. if the director of food or .....

Tag this Judgment!

Aug 05 1957 (HC)

Surendranath Jana Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Aug-05-1957

Reported in : AIR1958Cal96,62CWN14

..... of the raiyat or under-raiyat, which now vests in the state. i do not see what difficulty could possibly arise upon the non-application of section 3. a contract, usage or custom cannot override the provisions of a statute, and no provision of law is brought to my notice which would come into conflict with the vesting provision in ..... , then the rights enjoyed by them under some other law, or contract, or usage would remain outstanding although this is a very interesting point, i do not see the difficulty in practice. the act aims at the acquisition of the entire interest ..... chapter i. section 3 in chapter i lays down that the provisions of the act shall have effect notwithstanding anything to the contrary contained in any other law, or any contract express or implied, or in any instrument, and notwithstanding any usage or custom to the contrary. he' argues that if this does not apply to the raiyat or under-raiyat .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Mar 01 1957 (HC)

In Re: Calcutta Stock Exchange Association Ltd.

Court : Kolkata

Decided on : Mar-01-1957

Reported in : AIR1957Cal438,61CWN448

..... otherwise than in cash, produce for the inspection and examination of the registrar a contract in writing constituting the title of the allottee to the allotment together with any contract of sale or a contract for services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and filed with the registrar copies verified in the prescribed manner ..... of all such contracts and a return stating the number and nominal amount of shares so .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //