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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1962 Page 1 of about 40 results (0.023 seconds)

Dec 17 1962 (HC)

Golden Soap Factory (P) Ltd. Vs. Nakul Chandra Mondal

Court : Kolkata

Decided on : Dec-17-1962

Reported in : AIR1964Cal217,67CWN728,(1963)IILLJ580Cal

..... contractor by way of indemnity. the learned commissioner disbelieved the story of the appellant that the workman had been engaged by probodh, the company's labour contractor. the company did not produce any of its ..... compensation from his employer. exception is found in section 12(1) of the act which gives the workman a right to recover from the person who has entered into a contract with the workman's immediate employer and in that case section 12(2) becomes operative and the principal who has engaged the contractor has a right to recover from the ..... acting in the course of his employment, that is, when he is doing something in discharge of a duty to his employer directly or indirectly imposed upon him by his contract of service and the word 'employment' covers and includes things belonging to or arising out of it. but under the indian law, an employer is he, who controls the service ..... deceased employer and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall be deemed to continue to be the employer of the workman while he is working for that other person. under the english act .....

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Mar 26 1962 (HC)

Kawsar Alam Mutwali Penda and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Mar-26-1962

Reported in : AIR1962Cal468,66CWN651

..... of the said act. it lays down that the provisions of the said act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary. that being so, we must consider the expression 'religious purpose' only according to the .....

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Jul 31 1962 (HC)

Haridas Mundra Vs. National and Grindlays Bank Ltd.

Court : Kolkata

Decided on : Jul-31-1962

Reported in : AIR1963Cal132,67CWN58

..... down that the said three elements are absolutely necessary to bring a notice within the category of a reasonable notice within the meaning of section 176 of the contract act. it depends upon the facts of each case and no standard or guide can be laid down to govern all the cases. take for example, ..... my conclusion is that the word 'or' is an alternative between the two words 'retention' and 'sale'. in other words, the pawnee under section 176 of the contract act has got the concurrent rights to sue, as well as either to retain or to sell. 24. on the second branch of mr. deb's argument that the ..... i like to add a few words. 18. as to whether the right of the suit is alternative or not on the interpretation of section 176 of the contract act mr. deb, the learned counsel for the appellant, lays stress on the word 'or' after the words 'collateral security' and before the words 'he ..... subblen, ilr 27 mad 528 at 531 and co-operative hindusthan uank ltd. v. surendranath dey : air1932cal524 to the effect that under section 176 of the contract act, the pawnee is entitled either to bring a suit against the pawnor upon the debt or promise retaining the pawn as collateral security or he may sell ..... alleged that the notice dated february 6, 1960, was not a reasonable notice of the sale and/or was in contravention of sec, 176 of the indian contract act. there was also a prayer in the plaint asking for a decree directing the defendant to accept the bullion offered by the plaintiff in exchange of the .....

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Aug 17 1962 (HC)

Sm. Krishnamoni Dasi Vs. Baser Mondal and ors.

Court : Kolkata

Decided on : Aug-17-1962

Reported in : AIR1963Cal225

..... be relevant for the purpose of the present reference:(5) 'notwithstanding anything contained in this ad or in any other law for the time being in force or in any contract, where a creditor has taken possession on any terms whatsoever of any immovable property of the deb-tor as security for, or in lieu of payment of, any portion of ..... a debt and as the consideration of the application was outside the jurisdiction of the board, the debtor was at liberty to go to the civil court for enforcing the contract. on july 4, 1942, an order (ext. 4(a)) was passed by the chairman and two other members of the board to the effect that the petitioner was an agricultural ..... much in the act which may appear startling to one who has been trained in the english system, which attaches a supreme importance to the principle of the sanctity of contracts. the main intention of the act is however clear, and it is that the liabilities of certain debtors shall be ascertained, 'settled' and recovered through the agency of settlement boards ..... of the decision and then observed : 'i am of opinion that the tribunal had power to enquire into the collateral fact, namely, whether there was a contract, because it was only a there was a contract that they could exercise jurisdiction which the act of parliament has given them. having decid-ed that, it is open to the person who comptains of .....

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May 10 1962 (HC)

Shree Bajrang Jute Mills Ltd. Vs. Fulchand Kanhaiyalal Co. and anr.

Court : Kolkata

Decided on : May-10-1962

Reported in : AIR1963Cal140

..... reference to the arbitration of the bengal chamber of commerce and was threatening to proceed with the arbitration. 9. the plaintiff in the suit asks for a declaration that the contract was void, illegal and inoperative for stay and cancellation thereof and for an injunction restraining the defendant no. 1, the buyer from proceeding with the reference to arbitration pending ..... agreement. these prayers can certainly form the basis of an application under section 33, for they relate to the existence and validity of the arbitration agreement contained in the contract, but not being matters within the competence of the arbitrator there can be no identity of the subject matter under reference to the arbitrators and the subject matter of prayers ..... such a declaration is clearly barred by section 32. therefore, in our opinion the fact that an incidental declaration is claimed about the existence and validity of the main contract does not affect the essential character of the application. it is an application for obtaining a declaration about the existence and validity of an arbitration agreement.' the learned judge ..... have discharged one or both parties from further performance, such differences should be regarded as differences which have arisen 'in respect of or 'with regard to', or 'under' the contract, and an arbitration clause which uses these or similar expressions should be construed accordingly...... i do not agree that an arbitration clause expressed in such terms as above ceases to .....

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Jul 20 1962 (HC)

Dasarath Gayen Vs. Satyanarayan Ghosh and ors.

Court : Kolkata

Decided on : Jul-20-1962

Reported in : AIR1963Cal325,67CWN110

..... effect thesale.' (which was introduced by way of amendment in 1929) this was done by this device of a sale deed and thereafter a contract for reconveyance. 26. again the interpretation for which the appellantis contending cannot be made for the simple reasonthat on the principle of construction if ..... objection was taken in anyof the lower courts on this point. indeed no issuewas raised that the plaintiff has not satisfied the condition of the contract for reconveyance by putting in the necessary and indispensable costs. the appellant, there fore, cannot be allowed in the second appeal to raise this ..... 11. on this point of mutuality it has also been argued on behalf of the appellant that because there are minors involved, therefore, this contract is not specifically enforceable. in support of that argument mr. ghosh relies on the well known decision of the privy council in mir sarwarjan v ..... that because rs. 8000/- the consideration for the sale was a past consideration therefore, it could not be treated as good consideration for the contract for reconveyance. the argument suffers from a number of fallacies and cannot succeed. 6. in the first place the agreement for reconveyance dated the ..... on the ground of consideration on behalf or the appellant has been that the deed of sale cannot be taken as a consideration for the contract for reconveyance because they were executed on different dates. the consideration by which the property wasvoid was rs. 8000/-. in other words the contention .....

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Jul 16 1962 (HC)

Gillanders Arbuthnot and Co. Ltd. Vs. the Commercial Tax Officer and a ...

Court : Kolkata

Decided on : Jul-16-1962

Reported in : AIR1964Cal477,68CWN1

..... [1961]1scr902 ; 'by sale here (article 286(1)(a)) is meant a completed transaction by which property in the goods passes. before the property in (he goods passes, 'the contract of sale is only executory' and the buyer has only a chose in action.' ................ the constitution thinks in terms of a completed sale by the passing of property and not ..... amended definition read as follows:- 'sale' means any transfer of property in goods for money consideration and includes a transfer of property in goods supplied in the execution of a contract but does not include a mortgage, hypothecation, charge or pledge; and any grammatical variations of the expression 'sale' shall be construed accordingly. explanation 1, --- a transfer of goods ..... ' 'sale' means any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledgedexplanation 1. -- a transfer of goods on hire purchase or other instalment system of payment shall, notwithstanding that the seller ..... of supplies and disposals was that on acceptance of tender and no completion of inspection for approval, goods used to be despatched by railway to different consignees, named in the contract, in different parts of india including those in west bengal, and the relevant railway receipts were forwarded to the respective consignees. deliveries were effected f. o. r. ghatsila .....

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May 17 1962 (HC)

Sm. Madhuri Chaudhuri and ors. Vs. Indian Airlines Corporation

Court : Kolkata

Decided on : May-17-1962

Reported in : AIR1962Cal544

..... case made in paragraph 4 is very wide. liability is sought to be imposed on the defendant corporation not merely on the basis of the breach of the contract of carnage but also on the basis of tort, that is, breach of duty of a carrier by air under the carriage by air act. the duty ..... the aerodrome.' in the premises it is pleaded that the defendant is liable ex contractu or ex delicto. that is either on the basis of breach of contract or on the basis of breach of duty under the carriers act and/or notification, if any thereunder. particulars of accident to the aircraft as pleaded in ..... and precaution. in paragraph 11 of the written statement, facts have been stated in support of the case of inevitable accident. it is further pleaded that the contract of carriage was subject to certain conditions and they were printed in the ticket itself. the deceased sunil baran had knowledge of these conditions. in any event, ..... dutta gupta v. indian airlines corporation : air1962cal311 , i have expressed my opinion as to the validity of the exemption-from-liability clause in the contract relied on by the defendant corpora-lion. i held in that suit that every passenger in an aircraft must be deemed to have entered into the ..... contract of carriage and purchased the ticket with full knowledge of the exemption clause printed in the ticket and displayed in a board in the office .....

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Aug 17 1962 (HC)

P.K. Basak and anr. Vs. Union of India (Uoi) Representing Eastern Rail ...

Court : Kolkata

Decided on : Aug-17-1962

Reported in : AIR1963Cal87

..... purpose, namely, receiving freights, is concerned, it is obvious that both the dominions would receive freights for the carriage of the goods within their respective territories, it the contract is deemed to have been entered into before the appointed day. the dominion of india would realise charges for the carriage of the goods within the territories and similarly the ..... in : [1957]1scr1039 . in that case however, this precise aspect of the question was not canvassed. the facts were as follows: in 1945, the respondent entered into a contract for the supply of 'bhoosa'(fodder) to the military department of the then undivided india, through the manager military farms, lahore cantonment. the learned subordinate judge held that the liability ..... became exclusively purposes of the dominion of pakistan. accordingly under article 8(1)(b) of the indian independence (rights, property and liabilities) order, 1947, the liability under the contract devolved upon the dominion of india. the finding of the division bench on the other points has not been challenged before the full bench. the trial court has found that ..... division of the totality of the rights, property and liabilities of the central government of undivided india between the two dominions. the initial distribution of, the rights and liabilities under contracts made on behalf of the central government of undivided india was effected by article 8(1) of the indian independence (rights, property and liabilities) order, 1947. the test to .....

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Sep 18 1962 (HC)

Dhiraj Lal Mehta Vs. Commissioner of Commercial Taxes and ors.

Court : Kolkata

Decided on : Sep-18-1962

Reported in : AIR1963Cal442

..... sale' means any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge.' this definition emphasises the aspect of the 'transfer of property in goods' in a sale. there are ..... and with an elaborate organisation spread over several states for the sale of those cars and their accessories. the assessee appointed a 'dealer' for each territorial unit, and the contract which the assessee entered into with that dealer, defined with precision the territorial area, within which dealer had to carry on his selling operations. the assessee sold its goods ..... point under determination. a broad analysis shows the following characteristic features of these terms and conditions.11. clause (1) mentions kaiser engineers overseas corporation as having entered into a contract to perform engineering contractor services for the tata iron and steel co. ltd. for the expansion of tata's existing steel plant facilities at jamshedpur, india. it recites the ..... purchase order and mail with original bill of lading and number of copies specified.tokaiser engineers overseas corp.jamshedpur, india.'this is followed by the main operative clause of the contract which proceeds to say: 'please enter our order and furnish the merchandise specified below in accordance with all terms and conditions of this purchase order including annexures 'b' .....

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