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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1959 Page 1 of about 42 results (0.020 seconds)

Jun 16 1959 (HC)

Gostho Behari Sadhukhan and anr. Vs. Omiyo Prosad Mullick and ors.

Court : Kolkata

Decided on : Jun-16-1959

Reported in : AIR1960Cal361

..... the implied term to pay the solicitor's costs. as, however, in my opinion this term was not an essential term of the contract and the contract must be considered to be alive in spite of the repudiation of this non-essential term, it must be held that the bose ..... and their solicitors, and formed the main subject of controversy, in the subsequent correspondence, and ultimately resulted in the purported repudiation of the whole contract by the mullick defendants. 73. when the parties were talcing so much pains to arrive at a unanimity with regard to the various terms ..... sole heiress and legal representative of the said satya bhusan bose. 44. the defence of the mullick defendants was that there was no concluded contract between the plaintiffs and these defendants. certain important terms were in a stage of negotiations, and during such negotiations the plaintiffs refused to pay ..... be tested on its particular facts and surrounding circumstances, such as the relation between the parties, the nature of the subject-matter of the contract, the conduct of the parties and other material circumstances existing at the time,' 31. considering this question how far delay would bar the relief ..... the court has to depend necessarily on circumstances. the circumstanceshere are eloquent enough to indicate that the bose defendants had notice of this previous contract. the haste with which the transaction was concluded as between the boses and the mullicks taken with the circumstance that no steps were taken .....

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Jan 27 1959 (HC)

Brojo Gopal Das and ors. Vs. Kalipada Banerjee and ors.

Court : Kolkata

Decided on : Jan-27-1959

Reported in : AIR1960Cal92

..... premises. it follows, therefore, that roy was paying the rent etc., for the indo-german trade centre's business premises and he was, therefore, at least materially interested in its contract or contracts -- even if he was not its proprietor nor had any share or other pecuniary or financial interest therein -- within the meaning of section 7(d) (vide in this connection ..... only that he (the said person) had a share or interest (material interest) -- proprietary or otherwise -- in the firm which had or held the particular contract or contracts with the relevant government but alsothat the said contract or contracts were such as to be capable of conferring upon him -- or, to put it a little more elaborately, upon the firm and, through it, upon ..... take up the above crucialquestion on the merits we have to make some further preliminary observations. we have held above that the indo-german trade centre entered into the aforesaid contract or contracts with the central government and that the same was or were subsisting on the material date, that is, the date of election. the point, therefore, that prima facie remains ..... above three heads and we proceed to do so seriatim.12. upon the written statement of roy himself, (vide paragraphs 21, and 22), it is fairly clear that the disputed contract or contracts were made by the indo-german trade centre with the central government. strictly speaking, it was not open to the 'added' (substituted) respondents who were really substituted in place .....

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Sep 01 1959 (HC)

Bengal Agricultural and Industrial Corporation Ltd. Vs. Corporation of ...

Court : Kolkata

Decided on : Sep-01-1959

Reported in : AIR1960Cal123

..... mr. roy, very significant. this broadly is the history of the agreement, which i am invited to consider as a surrounding circumstance relevant for the purpose of construction of the contract in suit. there are other surrounding circumstances relevant for the purpose of construction to which reference has been made by learned counsel on either side. the other surrounding circumstances to ..... to the section which states, inter alia, that such an unregistered document is admissible as evidence of any collateral transaction not required to be effected by a registered instrument. the contract in suit does not purport to affect any immovable property, except giving a right of way to the plaintiff over the corporation private road, which is 'immovable property' as defined ..... and having access to the premises and damages. the defendant did not remove the building materials within the stipulated time. the question of law argued, inter alia, was whether the contract was within the statute of fraud and in the absence of registration whether it was an enforceable agreement. chitty, j. held that the subject matter was a hereditament and not ..... state, it is pleaded that the indenture in suit pur-ports to create rights in immovable property and is inadmissible in evidence in the absence of registration. knowledge of the contract between the plaintiff and the defendant corporation has been denied. it is denied that the plaintiff has any right in respect to the lagoons or that the defendant state has .....

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Mar 23 1959 (HC)

Damodar Shah Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Mar-23-1959

Reported in : AIR1959Cal526

..... do not finally decide the same. the only point i decide is thatthere is a contract subsisting between the partieswhich contains the arbitration clause. i make adeclaration accordingly in terms of prayer (2) of thepetition. the petitioner will pay the costs of thisapplication to ..... existence of an arbitration agreement, i had to decide the existence of thecontract containing the arbitration clause. i am notcalled upon to decide the other terms of the contract in this application. the disputed terms of thecontract on the determination of which the liabilityof either party against the other would arise cannotbe determined in this application and i ..... vithal das v. moreshwar parashram : [1954]1scr817 . it has, however, been held authoritatively that the provisions of article 299 are mandatory and not directory and as such a contract which does not comply with the formalities prescribed by article 299 is unenforceable in law, mr. kar's argument is that' it is unenforceable against the government, but enforceable ..... toseek government assistance in that regard. thismust not be considered to be a term of the contractfor sale. the government in the a/t has only indicated that under this contract the government didnot accept any responsibility for arranging wagonpriority. the so-called divergence pointed out bymr. roy is therefore more apparent than real. itcannot be contended, therefore, that .....

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Apr 23 1959 (HC)

New Churulia Coal Co. Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Apr-23-1959

Reported in : AIR1959Cal585

..... lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void, can hardly regard with surprise a demand that he restore what he received thereunder. what defence the respondents can have desired to ..... have also examined the correspondence which passed between the plaintiff and the assistant coal commissioner and find it reasonable to believe that the plaintiff discovered the contract to be void at least not up to the time of institution of the suit. (after examining the correspondence, his lordship proceeded:) 7. ..... investigation of facts is not necessary, the court would be justified in giving the plaintiff relief under the provisions of section 65 of the indian contract act even without a formal amendment of the plaint. 6. there is no doubt that the question of limitation falls to be considered and that ..... lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restored what he received thereunder. what defence the respondents can have desired to make ..... pronouncement of the supreme court in srinivas ramkumar firm v mahabir prasad, : [1951]2scr277 . that was a suit for specific performance of the contract to sell a house. the plaintiff's case was that the second party deiendants had agreed to sell a house for consideration of rs. 34, .....

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Dec 24 1959 (HC)

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Decided on : Dec-24-1959

Reported in : AIR1960Cal702,64CWN616

..... agreement. the appellant firm invited the arbitrators to decide on the implied term because it was their case at that stage that there was an implied term that the contracts were subject to the condition of quota or licence and they are now contending that because the arbitrators decided against their implied term, therefore they had decided on something ..... also does not prevent such arrangement. condition (4) of such notification lays down that all applications for export licence must be accompanied by documentary evidence of bona fide firm contracts having been concluded with the overseas buyer for supply of raw jute and condition (5) lays down that the intending shippers of raw jute should register their requirements with full ..... house of lords deciding this case, added one further ground and made the following observations:'clause 18 (the so-called 'paramount' clause) provides that in certain specified events the contract shall be null and void and the parties shall be excused from further performance. the significance of the clause is, in my view, not that any of the excusing events ..... under which the export of jute was then regulated.5. the defendant, however, demanded delivery, and thereupon disputes arose between the parties. under the arbitration clause contained in those contracts, the defendant referred the dispute to the arbitration of london jute association. the defendant's claim before the arbitrators failed. but then the defendant appealed to the committee of london .....

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Jan 28 1959 (HC)

Mugneeram Bangur and Co. Vs. Gurbachan Singh

Court : Kolkata

Decided on : Jan-28-1959

Reported in : AIR1959Cal576,63CWN549

..... has been drawn hereinbefore, the requisition orders and/or the interruption of work, that followed in consequence, did not affect or destroy the foundation or fundamental basis of the contract in suit, which, therefore, cannot be said to have become frustrated or discharged by reason thereof. in the premises, the defence of frustration was rightly rejected by the ..... the parties on this point.' the other'important thing that requires notice in the above connection is that the war was already on when the parties entered into the contract. requisition orders for taking temporary possession of lands for war purposes were normal events during this period, apart from requisition orders, there were other difficulties in doing construction ..... -1943, which was sent through registered post at his address. the plaintiff having failed to comply with the requisition in the letter cannot pray for specific performance of the contract which has become impossible of performance by circumstances beyond this defendant's control. the present suit is misconceived'.10. the suit, however, was decided by the learned subordinate ..... happened, to which reference is necessary for appreciation of the dispute between the parties and, eventually, the defendant company refused to execute the conveyance upon the plea that the contract in question had been cancelled and the earnest money forfeited due to the said events and, accordingly, the plaintiff had to institute the present suit for specific performance of .....

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Feb 19 1959 (HC)

Bhagwati Prosad Harlalka Vs. Kamala Mills Ltd.

Court : Kolkata

Decided on : Feb-19-1959

Reported in : AIR1959Cal687

..... possible to arbitrate under such rules viz.. the bengal chamber of commerce. the implication arises inevitably to effectuate the intention of the parties and to give business efficacy to the contract.' i adhere to the view which i then expressed. some difficulty arose in construing the arbitration . agreement then under consideration in view of the argument that the rules of ..... purchase of indian piece-goods or yarn which provide for arbitration in accordance with these rules. the rules on the face of them apply to arbitration agreement contained in this contract for purchase and sale of indian piecegoods. rules 7 to 10 and 27 provide machinery for appointment of arbitrators and umpire. other rules provide machinery for the conduct of ..... remember that in that case there was, apart from the above clause which was typewritten in the document, another clause in print in the following words : 'all disputes regarding this contract to be settled bv two arbitrators, one nominated by 'buyers and sellers respectively in accordance with the indian arbitration act.' the question which the learned judge had to consider was ..... 83 cal lj 136, where somewhat similar words fell to be considered. in considering an arbitration clause in the following words: 'all disputes whatsoever arising on or out of this contract shall be referred to arbitration under the rules of the tribunal of arbitration. bengal chamber of commerce or indian chamber of commerce applicable for the time 'being for decision', sinha .....

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Sep 01 1959 (HC)

Prafulla Ranjan Sarkar Vs. Hindusthan Building Society Ltd.

Court : Kolkata

Decided on : Sep-01-1959

Reported in : AIR1960Cal214

..... the case of james finlay and co. v. n. v. kwik, (1928) 2 kb 604. in this case it was held that for breach of a contract for sale of goods i a plaintiffs duty to minimise damage was limited to doing what was reasonable in all the facts of the case, the onus of showing a ..... laws of england, 3rd edition, vol. 25, page 490, article 945 which is as follows:'if no custom or stipulation as to notice exists, and if the contract of service is not one which can be regarded as a yearly hiring, the service is terminable by reasonable notice ...........'20. from the footnotes under this article it appears ..... on a salary of rs. 300/- per month. in january 11941 the plaintiff was confirmed by the martin's light railways as an engineer under a five years' contract with effect from 1-10-1940 on a salary of rs. 450/- per month with an annual increment of rs. 25/- up to rs. 500/-. in 1942 ..... and from the 1st pecember 1933 at a commencing salary of 400 per annum plus out-of-pocket and travelling expenses. it was held, inter alia, that the contract of service was not an engagement for a year, but for an indefinite period, subject to reasonable notice. the plaintiff was a salesman specialist, and was not entitled ..... the defendant first of all relied on the following passage in halsbury's laws of england, 3rd edition, vol. 25 page 480, article 923:'if a contract of hiring and service is a general hiring, that is to say, without limitation of time, there is a presumption that the hiring is for a year, whether .....

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Aug 17 1959 (HC)

Surendra Nath Bibra Vs. Stephen Court Ltd.

Court : Kolkata

Decided on : Aug-17-1959

Reported in : AIR1960Cal346,63CWN923

..... encourage people to keep their bargains. no one objects that the work done or goods supplied cannot of themselves raised an equity in favour of one who has broken his contract. (d) 'if, then, the matter is in a sense one of policy, and of general policy, it must be noted that tenancies in bengal are of different kinds but in ..... contract have not been discharged. since 1872 under section 70 of the indian contract act, the mere fact that the party has done work which has been accepted, or supplied goods which have been taken, entitles him to ..... origin will not serve by itself for a justification.'(c) 'as a matter of broad general principle the law of india no longer proceeds on the notion that where a contract is for an entire sum there is a necessity of reason which prevents a party from recovering any thing where his full obligations under a special .....

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