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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1961 Page 1 of about 35 results (0.013 seconds)

May 31 1961 (HC)

Indian Airlines Corporation Vs. Keshavlal F. Gandhi and anr.

Court : Kolkata

Decided on : May-31-1961

Reported in : AIR1962Cal290,65CWN949

..... also the law applicable in india'. mr. justice sankaran nair took the contrary view, holding that it was inconsistent with the provisions of the indian contract act and the manifest intention of the legislature in enacting such provisions. but we see no adequate reason here to adopt the view of the ..... , and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers are not within the act.' 16. the contract act being thus of the way, of its own force, so far as common carriers are concerned, and there being no dispute that the petitioner ..... those terms, provided that there were no statutory conditions limiting his right' 15. the inapplicability of the indian contract act 1872 in determining liability of a common carrier was decided by the privy council, as far back as 1891, in the case of irrawaddy ..... sundry, subject to the obvious limiting conditions. the common carrier of goods was nevertheless at common law free to limit his stringent obligations by special contract. he still remained according to his profession, but he could all the same insist on making his own terms and refuse to carry except on ..... extreme contention, raised by mr. hoy, that his client can claim absolute exemption from all claims for damages under all circumstances in view of the contract between the parties and in view of the authorities, cited by him, namely, jellicoe v. the british indian steam navigation co., ilr 10 cal 489 .....

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Jun 28 1961 (HC)

Union of India (Uoi) Vs. Himco (India) Ltd.

Court : Kolkata

Decided on : Jun-28-1961

Reported in : AIR1962Cal254

..... defendant indicated its disagreement to the named arbitrator, there is a concluded contract with the arbitration clause, except that the person who would arbitrate was left undetermined. alternatively the government accepted the plaintiff's offer to have an unattached arbitrator, though the unattached ..... in the invitation to submit tender and the note thereto indicates that while the arbitration agreement as contained in clause 21 was intended to be an essential clause in the contract for sale, the arbitrator named in the clause was not considered to be so essential. when, therefore, the plaintiff accepted the tender submitted by the defendant, wherein, the ..... will not influence the decision on the tender. it is clear, therefore, that the government wanted the arbitration agreement in the standard form be kept apart from the main contract and people submitting their tender were at liberty not to accept the director general of supplies and disposals or his nominee as the sole arbitrator. it is, however, stated ..... defendant was not agreeable to the arbitration by the director general of supplies and disposals or his nominee. the parties did not, therefore, agree to the arbitration clause in the contract. in any event, the defendant did not agree to the arbitrator named in the contact in form no. wsb 133. mr. somnath chatterjee, learned counsel appearing for the plaintiff .....

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Sep 29 1961 (HC)

Lotus Oil Company Vs. Calcutta Soap Works

Court : Kolkata

Decided on : Sep-29-1961

Reported in : AIR1962Cal441

..... is a mode of settling disputes, though the agreement is itself subject to the discretion of the court.'16. it would therefore appear that if there is nothing in the contract itself against assignability of any rights the mere inclusion of an arbitration clause cannot make it unassignable. according to lord greece in 1946 ch. 320 an arbitration clause would ..... obligations which the one party bad undertakento the other, such dispute shall be settled by atribunal of their own constitution. and there isthis very material difference, that whereas in anordinary contract the obligations of the partiesto each other cannot in general be specificallyenforced and breach of them results only indamages, the arbitration clause can be specificallyenforced by the machinery of the ..... of the act the central government may, by notification in the official gazette, declare that no person shall save with the permission of the central government, enter into any forward contract for the sale or purchase of any goods or class of goods specified in the notification and to which the provisions of section 15 have not been made applicable, except ..... or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned. a 'non-transferable specific delivery contract' means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, warehouse receipt or any other document of title relating thereto are .....

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Aug 11 1961 (HC)

Sm. Mukul Dutta Gupta and ors. Vs. Indian Airlines Corporation

Court : Kolkata

Decided on : Aug-11-1961

Reported in : AIR1962Cal311

..... : air1962cal290 , the same view was taken. banerjee, j., in delivering judgment opined that the airlines corporation is a common carrier and the relationship between the parties to the contract of carriage is to be governed by the common law of england governing the rights and liabilities of the common carrier. his lordship further held that the law permitted common ..... carrier' within the meaning of the carriers act, 1865. the liability of the corporation as a common carrier is governed by the english common law as administered in india, the contract act, 1872, has no application. as the english common law is applicable, the corporation can exempt itself of all liabilities, including its liability [or negligence, by special agreement.' ..... with the carriage hereunder, but no agent, servant and/or employees of the carrier shall have authority to alter and/or modify and/or waive any provisions of this contract.' clause (a) relates to international carriage which is regulated by the rules framed in the international convention at warsaw and since incorporated in the indian statute of carrier by ..... for the unification of certain rules relating to international carriage by air is subject to the rules relating to liability established by the said convention. the expressions 'high contracting parties' and 'high contracting party' used in articles 1 and 28 of the said convention shall mean states and territories, which are bound by the said convention either through ratification or adherence. .....

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Feb 28 1961 (HC)

P.J.P. Thomas Vs. Commissioner of Income-tax, CalcuttA.

Court : Kolkata

Decided on : Feb-28-1961

Reported in : [1962]44ITR897(Cal)

..... england a promise made in consideration of marriage is a binding and enforceable agreement. the definition of 'consideration' as given in section 2 of the contract act seems to be general and wide enough to cover such cases.'the court held that the alienation was for valuable consideration.mr. meyer has argued ..... that she consented to the terms and married the defendant on the faith that he would keep his word, and that accordingly there was a binding contract on the defendants part to leave to his wife the house and land at ardfield for her life.then, secondly, what is the remedy marriage ..... took place. upon the husband subsequently transferring the property by a deed to a third person the lady brought an action for damages for breach of contract. the lady was held entitled to recover damages. the court of appeal at page 469 observed :'we are of opinion that the proposal of ..... perhaps be few and far between for the simple reason that as between husband and wife during coverture certain transfers are not made as between ordinary contracting parties, but even then when they do take place, the taxing authorities or the income-tax tribunal or the courts will always have enough materials ..... a man unless the man secures her financially before marriage and in such an event the financial and monetary consideration is enough consideration to support a contract but that does not solve the difficulty in the interpretation of section 16(3)(a)(iii) of the act because the adequacy of such consideration .....

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Jun 08 1961 (HC)

United Bank of India Ltd. Vs. Nederlandsche Standard Bank

Court : Kolkata

Decided on : Jun-08-1961

Reported in : AIR1962Cal325,[1963]33CompCas1(Cal)

..... of this report said in that case: 'it is both common ground and common seme that in such a transaction the accepting bank can only claim indemnity if the conditions on which it is authorised to accept are in the matter of the accompanying documents strictly observed. there is no room for documents which ..... badly advised throughout in respect of this transaction. as between the plaintiff bank and the defendant bank there could be no question of what the disputes over the contract was between the buyer and the seller; see gutteridge, 2nd edition, pages 35-36. 49. on the view we have taken it is unnecessary to ..... the original letter of credit is not on the record but the copy is admitted as indicated above. it may also be stated here incidentally that the original contract between the buyer and the seller is not also on the record. now the terms of the letter of credit annexed to the plaint itself reads as ..... n. jacobson and company because the principal directed to stop payment on the ground that the goods were rejected by him as not being of the contract quality. it is expressly taken as a defence that the said cheque did not at all relate to the said letter of credit which had expired ..... brought the suit for the recovery of rs. 36,387/9/3. additionally the plaintiff also pleads that it is the transferee and/or assignee of the contract between jacobson and company and the defendant relating to the said letter of credit. it is needless to add that the defendant refused to pay and the .....

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May 25 1961 (HC)

Gannon Dunkerley and Co. Vs. Union Carbide (India) Ltd.

Court : Kolkata

Decided on : May-25-1961

Reported in : AIR1962Cal360

..... is made final and conclusive, between the parties or is made a condition precedent to any right of the contractor to payment, and the contract also contains a clause by which all disputes are to be referred to arbitration, a question arises as to how far the arbitration clause affects ..... sole discretion of the architect under different clauses of the contract. 'when a dispute has arisen which is covered by the arbitration clause, 'then either party shall forthwith give notice to the other party in ..... taken apart from the other points of law that will be noted presently.4. the arbitration clause covers disputes as to construction of the contract or as to matters and things arising thereunder. but the exception clause takes out of the arbitration clause dispute as to matters left to the ..... good and satisfactory and the architect having already indicated that the workmanship was not satisfactory, there is no dispute between the parties under the said contract which can be referred to arbitrator, (2) that before a dispute can be referred to arbitration there must be a notice of dispute which ..... consent. thereupon the present notice has been taken out by the plaintiff under section 20 of the-indian arbitration act.2. clause 30 of the contract contains the arbitration agreement which reads as follows :'30. provided always that in case any dispute or difference shall arise between the employer, or the .....

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Apr 17 1961 (HC)

United Arab Republic and anr. Vs. Mirza Ali Akbar Kashani

Court : Kolkata

Decided on : Apr-17-1961

Reported in : AIR1962Cal387

..... on the-problem of jurisdictional immunities of foreign states in thee british year book of international law 1951, vol. 28, professor h. lauterpacht points out that in the case of contracts the supposed distinction is impossible of definition and has led to diametrically opposite decisions in the courts of different states and even in the court of the same state. the ..... international law that an independent sovereign state is immune from jurisdiction in respect of commercial transaction. it may be noted that the appellant stands in a stronger position for the contract in the instant case provides for settlement of disputes by arbitration in egypt. besides there is no logical or cogent distinction between acts jure imperil and acts jure gestionis. the ..... tea with a third party without giving the plaintiff the benefit of the first refusal and thereby deprived the plaintiff of the profits which he would have otherwise earned. the contract provided for settlement of disputes by arbitra-tion in egypt. formerly the republic of egypt and the republic of syria were two independent sovereign states. on february 22, 1958 the ..... and the second defendant is the ministry of economy, supplies and importation department which is a department ot the first defendant and which according to the plaintiff, entered into the contract on behalf of both. both the defendants entered appearance in the suit through the vice consul in charge of the consulate general of the united arab republic in calcutta and .....

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May 11 1961 (HC)

Bakubhai and Ambalal Ltd. Vs. Bengal Corporation Private Ltd.

Court : Kolkata

Decided on : May-11-1961

Reported in : AIR1962Cal1

..... the government of india on this point is either disclosed. it is a vague and bald assertion on an affidavit without: the slightest details after so many years of the contract and not corroborated by any independent evidence or even circumstance, this allegation in the affidavit was naturally not admitted by the appellants in their affidavit. the whole course of the ..... goods.' it is not disclosed in the affidavit whether the respondent was unaware, as a business company, of this well-known notification and still more well known statute, the forward contracts (regulation) act, 1952, although it would not have mattered for ignorance of law could be no excuse. the buyer foreign company registered abroad is likely to presume that the indian ..... the permission of the central government. the material portion of that notification reads as follows: 'no person shall, save with the permission of the central government enter into any forward contract in any place in india for the sale or purchase of any of the goods specified in the schedule therein set out.' now, the schedule contained, among other items, linseed ..... the indian companies act and carrying on business at 14, netaji subhas road, calcutta. the indian sellers failed to deliver the goods. the english buyers took arbitration proceedings under the contract in england, with notice to the indian sellers for damages for nondelivery, and obtained an award for damages. 3. the appellants after having obtained the award in england made the .....

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Mar 08 1961 (HC)

Nanik Lal Karmarkar Vs. Shankar Lal Shah and anr.

Court : Kolkata

Decided on : Mar-08-1961

Reported in : AIR1962Cal103

..... law as to performance of reciprocal promises is, however, somewhat different from the manner of performance of promises which are not reciprocal. under section 51 of the contract act when a contract consists of reciprocal promises, to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. section 52 ..... reconveyance of) the property registered, then after the expiry of the period neither myself nor my heirs shall be bound to reconvey the property (time is essence of this contract)'.22. mr. mukherjee contended that the agreement consisted of reciprocal promises and there was an order of performance contained in the agreement, under which the plaintiffs were first to ..... even within the extended time. here was a case, mr. mukherjee contended, where delay defeated equity and the plaintiffs were no longer entitled ,to claim specific performance of the contract of reconveyance.21. elaborating his contentions, mr. mukherjee submitted that the payment of rs. 3000/-, by the plaintiffs to the defendant, was a condition precedent and unless the plaintiffs ..... findings :-(a) 'on a perusal of this correspondence it is abundantly clear that the plaintiffs have all along showed their willingness and readiness to perform their part of the contract, pay rs. 3000/- and get the reconveyance from the defendant before january 1953. the defendant introduced a story at the bearing that the draft in question, received, by .....

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