Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1959 Page 4 of about 42 results (0.018 seconds)

Jul 27 1959 (HC)

In Re: Girish Bank Ltd. (In Liquidation)

Court : Kolkata

Decided on : Jul-27-1959

Reported in : AIR1959Cal762

..... debts are properly recoverable in the union of india according to the principles of international law of 'lex situs' or the 'proper law of the contract'.30. certain american cases have held that the public policy of the american states does not usually permit the local assets to be appropriated to the ..... courts namely the 'lex situs'; the other is the one favoured by cheshire in his book on private international law namely 'the proper law of the contract'.the english approach is to treat the debt as property and determine is 'situs' and then in general, to apply the law that obtains there at ..... arises as reflected in its formation and in its terms, can be considered to be most densely grouped in pakistan, and the country with which the contract is in fact closely connected and in which lies its natural seat or centre of gravity, is pakistan, then the proper forum for the liquidation and ..... some of these rules of private international law for determining the locality of a simple contract debt and if applying such principles of private international law any pakistani debt is found to be recoverable in the indian union, proof of it may be ..... liquidation which can either by 'he application of the rule of 'lex situs' or by the application of what is known as the 'proper law of the contract' be said to be properly recoverable in the indian union alone. the supreme court in the case of (s) : [1955]2scr402 has summarised and explained .....

Tag this Judgment!

Apr 23 1959 (HC)

M. Tilak and Co. Vs. Third Industrial Tribunal and ors.

Court : Kolkata

Decided on : Apr-23-1959

Reported in : AIR1959Cal797,63CWN697

..... with the trends of modern economics and the modern industrial aspirations.14. the point is that bonus is a concept of many connotations. it may be a term of the contract of employment in which event the question if such bonus is payable out of profit only or only when the wages fall below living standards will depend on the terms ..... of such contract of employment. it is within the range of economics and legal possibility that in a particular contract of employment it is stipulated that bonus will be paid irrespective of profits or living standards. it may be a cash incentive .....

Tag this Judgment!

Feb 19 1959 (HC)

Kedar Nath Jute Manufacturing Co., Ltd. Vs. Commrrcial Tax Officer and ...

Court : Kolkata

Decided on : Feb-19-1959

Reported in : [1959]10STC241(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 ;andof containers or other materials for the packing of goods of the class or classes so specified :provided that in the case of such sales a declaration duly filled up ..... dealer and are intended for resale or are required by such dealer for use by him either in the manufacture of goods for sale or in the execution of any contract, or (ii) required by such dealer for the packing of any goods.(2) a dealer wishing to make a deduction under clause (b) of sub-rule (1) shall not accept .....

Tag this Judgment!

Nov 27 1959 (HC)

Kalipada Banerjee Vs. Sree Bank Ltd. (In Liquidation)

Court : Kolkata

Decided on : Nov-27-1959

Reported in : AIR1960Cal285,[1960]30CompCas234(Cal),64CWN207

..... of the limitation act. the answer to that argument is that the bombay decision is only an authority where the mutual, open and current account changes by private agreement or contract between parties before the suit is filed and not by operation of law such as by liquidation. naturally, if at the time of filing the suit, the parties have substituted .....

Tag this Judgment!

Sep 02 1959 (HC)

Eastern Manganese and Minerals (Private) Ltd. Vs. the State of West Be ...

Court : Kolkata

Decided on : Sep-02-1959

Reported in : AIR1960Cal340

orderg.k. mitter, j.1. this is an application by the eastern manganese and minerals (private) limited, a company carrying on business at 4 lyons range, calcutta, to direct the board of revenue to state a case to this court under section 57(1) of the indian stamp act. the application is made under article 226 of the constitution for the issue of a writ of certiorari calling upon the respondents the state of west bengal, me board of revenue and the collector of stamp revenue to certify and send the proceedings had before them to this court for the purpose of examination and for setting aside and/or quashing the same, a writ of mandamus commanding the respondents and each of them to cancel forthwith and/or withdraw and/or forbear from giving effect to the orders referred to in paragraph 12 of the petition and other reliefs.2. the facts are shortly as follows : the petitioner company entered into an agreement with an other company called the chrestian mica industries ltd., on 22-8-1956 whereby the petitioner agreed to purchase for a consideration of rs. 24 lakhs all the mining and surface rights and mines, lands hereditaments and premises described in the schedule to the deed as also the development and ore reserves together with all buildings, machinery, plants, implements etc. the agreement recited that the consideration money would be apportioned and appropriated towards immovable and movable properties comprised in the sale in such a manner as the parties would consider .....

Tag this Judgment!

May 22 1959 (HC)

Anath Nath De Vs. Sm. Lajjabati Devi

Court : Kolkata

Decided on : May-22-1959

Reported in : AIR1959Cal778

..... that the contention is well founded on principle and authorities.'marriage, according to the hindu law, is a holy union for the performance of religious duties. it is not a contract.' mulla, 12th edition, article 427.12. the question of consent of the parties to the marriage arise at two stages; firstly at the time when the parties consent to solemnize ..... the marriage and secondly at the time when the marriage itself is solemnized.13. the marriage according to hindu law not being a contract, the consent at the first stage though obtained by fraud cannot affect the validity of the marriage. the consent at the time of the solemnization is the material consent. it ..... by statute in 1937, fraudulent misrepresentation, or concealment, does not affect the validity of a marriage to which the parties freely consented with a knowledge of the nature of the contract. but if a person is induced to go through a ceremony of marriage by threats; or duress or in a state of intoxication, without any real consent to the marriage .....

Tag this Judgment!

Jan 28 1959 (HC)

Re Westminsters Deed of Appointment : Kerr and Others Vs. Westminster.

Court : Kolkata

Decided on : Jan-28-1959

Reported in : [1960]38ITR568(Cal)

lord evershed m. r. stated the facts and continued : the question raised by the summons and argued upon this appeal is a question of the effect upon the deed of february 19, 1930, of what is now section 486 of the income tax act, 1952 (formerly section 25 of the finance act, 1941). [his lordship read sub-section (1) of section 486, and continued :] the definition of 'appropriate fraction' is to be found in subsection (5). it is conceded that 'the appropriate fraction' in this case (if the section is applicable) is 23/29 thus. it is also conceded, that if the section is applicable, the 'stated amount' referred to is not the sum total of the obligations under the deed of appointment but what may be called the 'making up' figure contained in clause b.at first slight. it would seem (with all respect) that the question is not a difficult one; for by the deed 'provision' was 'made' for the payment of a 'stated amount' free of income tax, that provision being contained in a deed made before september 3, 1938 (which hereafter, for brevity, i will call 'the war date'), and not afterwards varied. but it has been argued in this court, and in the court below (and before danckwerts j. the argument succeeded), that, upon more accurate use of language, it is not nature to say, in the circumstances of this case, that provision for payment of the sum in question was made before the war date.in the court below, the conclusion in favour of the defendant was which danckwerts j. thought bound him .....

Tag this Judgment!

Aug 11 1959 (HC)

Hindusthan Commercial Bank Ltd. Vs. Hindusthan General Electrical Corp ...

Court : Kolkata

Decided on : Aug-11-1959

Reported in : AIR1960Cal637,64CWN458

..... act, 1913, corresponding to section 106 of the indian companies act, 1956 be modified, commuted, affected, abrogated or dealt with by agreement between the company and any person purporting to contract on behalf of that class, provided such agreement is (a) ratified in writing by the holders of at least three fourths in nominal value of the issued shares of the .....

Tag this Judgment!

Nov 19 1959 (HC)

National Tobacco Co. of India Ltd. and ors. Vs. Fourth Industrial Trib ...

Court : Kolkata

Decided on : Nov-19-1959

Reported in : AIR1960Cal249,64CWN304,[1960(1)FLR229],(1960)IILLJ175Cal

..... management was not taking action against the offending clerks under the provisions of any standing orders, or for the matter of that any service rules having the force of a contract, and therefore, the tribunal had jurisdiction in an enquiry of this kind, to scrutinise all the circumstances of the case and to allow appropriate relief to the aggrieved party. it .....

Tag this Judgment!

Dec 02 1959 (HC)

Rup Chand Mullick and anr. Vs. Madan Mohan Dutt and ors.

Court : Kolkata

Decided on : Dec-02-1959

Reported in : AIR1960Cal351,66CWN92

..... . ramoodeen chowdry, iind app 100 (pc), where their lordships of the privy council held that the mortgagees of the undivided share of one co-sharer, who has no privity of contract with the other co-sharers, would have no recourse against the lands allotted to such co-sharers, but must pursue their remedy against the lands allotted to the mortgagor, and .....

Tag this Judgment!


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