Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1963 Page 1 of about 35 results (0.015 seconds)

Jul 25 1963 (HC)

Union of India (Uoi) Vs. Alliance Assurance Co. Ltd. and anr.

Court : Kolkata

Decided on : Jul-25-1963

Reported in : AIR1964Cal31

..... the policy, has by way of subrogation an equitable right to all the claims of the assured against the carrier in respect of the shortage. the contract of insurance against loss is a contract of indemnity. on payment of the amount of the loss the insurer as indemnifier has an equitable right of subrogation to the claims of the assured against the carrier .....

Tag this Judgment!

Sep 19 1963 (HC)

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1964Cal290,68CWN410

..... not produced the delivery of the goods may, at the discretion of the railway company, be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company.'44. when a consignor wants to transfer the railway receipt to the consignee, he merely delivers it to the consignee named in the ..... india, : air1963cal399 . bijayesh mukherji, j. of this court held that an endorsement simpliciter on the railway receipt clearly shows the intention of the transferor to transfer the rights under the contract of carriage and a bare endorsement without more conveys the title to goods to the endorsee. his lordship observes that the railway receipt passes from one hand to another by ..... of property act that 'a railway receipt being a mercantile document of title to goods, the mode of assignment prescribed in section 130 is not applicable to assignment of a contract of carriage of goods contained in a railway receipt.' tambe, j. overlooks that section 137 itself makes a distinction between instruments which are negotiable and mercantile documents of title to ..... . also considered the question whether an endorsee of a railway receipt has sufficient interest in the goods to maintain a suit against the railway administration. meredith, j. held that a contract indicated by the railway receipt can be transferred by endorsement in blank coupled with the delivery of the document to the transferee subject to the condition that 'the intention must .....

Tag this Judgment!

Jul 25 1963 (HC)

Union of India (Uoi) Vs. the East Bengal River Steamer Service Ltd.

Court : Kolkata

Decided on : Jul-25-1963

Reported in : AIR1964Cal196

..... has been guilty of tort or any other form of wilful wrong doing and has been made liable for any damages, has any right of contribution or indemnity against any other person who was a joint wrong-doer with ham'. (see palmer v. wick and p. s. shipping co. (1894) 2 ac ..... whether the liability in question falls within the ambit of article 10. article 10 deals with liability in respect of 'an actionable wrong other than breach of contract'. the difficulty centres round the expression 'actionable wrong'. in the state of tripura v. province of east bengal, : [1951]19itr132(sc) the supreme ..... parties was contractual. 19. on a careful analysis of the documents, however, i find nothing there which can be treated as an evidence of contract between the parties. on the other hand, the correspondence between the parties contains ample evi-dence that the plaintiff company were obeying a mandate ..... proposition that the dealings and transactions between the parties as they appear from correspondence show that the parties were acting as if there was a contract. 17. the letter dated april 11, 1944 from the re-gional deputy controller of priorities to tne plaintiff company after giving directions to ..... : 1. the plaintiff's claim as formulated in the plaint and as evidenced by the corresoondence between the parties is founded on a contract of hiring. 2. this contract was not exclusively for the purpose of india. therefore under article 8(1) of the indian independence (rights, property and liabilities) order .....

Tag this Judgment!

Jun 19 1963 (HC)

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court : Kolkata

Decided on : Jun-19-1963

..... rather assume the necessity of service of a notice to quit in spite of the act. a notice to quit must comply with, the contract. if the contract does not provide for any special period of notice, fifteen days' notice expiring with the end of a month of the tenancy would meet the ..... 13(6) only gives the tenant an additional period of fifteen days before the institution of a suit over and above a like period where the contract does not provide for a special period of notice. a tenant who has a manufacturing lease which does not specially provide for a particular period of ..... be passed by any court in favour of the landlord against the tenant, notwithstanding anything to the contrary contained in any other law or any contract except under circumstances mentioned therein. it was held that the rent control act provided for the complete machinery for obtaining the relief of ejecment and that ..... has been made by a court of competent jurisdiction.'24. this definition includes three kinds of tenancies. the first kind is the usual tenancy under a contract, express or implied, between the landlord and tenant. this kind of tenancy is governed by the transfer of property act, 1882 and the provisions relating ..... or other purposes and also tenants for fixed periods and it is well-known that the tenancies for manufacturing purposes, in the absence of any contract or local law or usage to the contrary are according to the rule of construction laid down in section 106 of the transfer of property act .....

Tag this Judgment!

Jun 19 1963 (HC)

Siddheswar Paul Vs. Prakash Chandra Dutta

Court : Kolkata

Decided on : Jun-19-1963

Reported in : AIR1964Cal105,68CWN30

..... in its section 17 laid down definitely that payments must be made month by month by the 15th of each succeeding month irrespective of whether there was a contract fixing a date of payment or not, would lightly brush that aside and produce, by the words in sub-section (3) of section 22, the effect ..... ) of the act 'a tenant who. is in possession of any premises, to which the act applies shall observe all the terms and conditions of the contract creating the tenancy and shall be entitled to the benefits thereof so far as these, terms and conditions are consistent with the provisions of this act.' the result ..... of the act 'tenant includes any person by whom or on whose account or behalf, the rent of any premises is, or but for a special contract would be payable and also any person continuing in possession after the termination of his tenancy but shall not include any person against whom any decree or order ..... succeeding month would not constitute payment of rent to the landlord by the 15th of the succeeding month. 19. the further contention that where there is a contract in writing fixing the 20th of the succeeding month for payment of rent, the effect of section 22 (3) is that a valid deposit of rent ..... its section 17 laid down definitely that 'payments must be made month by month by the 15th of each succeeding month irrespective of whether there was a contract fixing a date of payment or not would lightly brush that aside and produce by the words in sub-section (3) of section 22 the effect .....

Tag this Judgment!

Jul 05 1963 (HC)

Rabindra N. Maitra Vs. Life Insurance Corporation of India

Court : Kolkata

Decided on : Jul-05-1963

Reported in : AIR1964Cal141

..... received from outside india and were shown separately. that in my opinion cannot possibly affect the rights and obligations of the parties under the contract. further as i have stated before the books of the insurer have not been produced and there is no evidence except ranadive's ..... by whatever name it is called admittedly had no authority of themselves to concludecontracts binding upon the insurer and in any casewithout submitting the contract to the insurer forapproval and acceptance. it is also not the case of the defendant that dacca or rajshahi agencyhas any such authority.58 ..... be applied in determining whether the corporation is carrying on business at the agency is to ascertain whether the agent has authority to enter into contracts on behalf of the corporation without submitting them to the corporation for approval.(iii) where a corporation has residence in two or more countries ..... circumstances but to fall back on a presumption only when the circumstances viewed as a whole fail to reveal with reasonable certainty the law to which the contract really belongs.28. in delhi coth and general mills co. ltd., v. harnam singh, (s) : [1955]2scr402 the supreme court accepted cheshire ..... that the difference between localisation theory and the theory of intention as expressed by lord wright in the words 'the proper law of the contract is the law which the parties intended to apply' is the difference between objectivity and subjectivity. according to the theory of intention the court .....

Tag this Judgment!

Jun 19 1963 (HC)

Commissioner of Income-tax, Calcutta Vs. J. K. Eastern Industries (Pri ...

Court : Kolkata

Decided on : Jun-19-1963

Reported in : [1965]55ITR376(Cal)

..... profits.in regent estates ltd. v. commissioner of income-tax the assessee, a property-owning company, on the 15th of june, 1949, entered into a contract with nederlandsche indische handle bank for the purchase of 90,000 u. s. dollars at the rate of rs. 333-8-0 for each 100 dollars, ..... assessment year 1952-53, year ending 30th september, 1951. difference paid in respect of 75,000 pieces of b-twill ......53,250(bought contract 28th september, 1951, sold contract 22nd august, 1951) the loss of rs. 53,250 has been claimed in the assessment year 1952-53 and has been disallowed by the ..... ,675assessment year 1951-52, year ending 30th september, 1950 difference paid in respect of 1,80,000 bags of b-twill ......32,625(bought contract 22nd july, 1949, sold contract 23rd june, 1949) this loss being claimed by the company in the assessment year 1951-52 had been disallowed by the income-tax officer. ..... its income. in commissioner of inland revenue v. hyndland investment company ltd., a company was formed in 1899 to purchase certain lands on which, under contracts entered into by the vendors, five blocks of flats comprising forty flats were in the process of erection. the company completed the building of the flats ..... , 1949 : assessment year 1950-51.rs.1,50,000 yards of hessian cloths purchased at rs. 53-12-0 as per bought contract dated 22nd october, 1948, are sold as per sold contract dated 28th january, 1949 - difference less .....97,5002,70,000 pieces of b-twill bags at rs. 118-4-0 (bought .....

Tag this Judgment!

Aug 01 1963 (HC)

Union of India (Uoi) and anr. Vs. Himatsingka Timber Ltd.

Court : Kolkata

Decided on : Aug-01-1963

Reported in : AIR1964Cal91

..... 's main ground for challenging the award, under article 299(2) of the constitution of india the president is not personally liable in respect of any contract entered into by him on behalf of the union. article 300(1) provides that the government of india may sue or be sued in the name ..... lies with the sleeper passing officer, the sleeper control officer, or president, eastern group, of any one of them under the agreement, terms of contract or specification hereof.'the contract provides that if the contractor delayed in the supply of the materials so as to necessitate an extension of the time provided in the schedule, he ..... j. 1. this is an application to set aside an award. the dispute is between the contractor and the government. the contractor entered into a contract with the government en march 14, 1951, for the sale of certain sleepers. the sleepers were supplied not within the data provided in the agreement. the ..... stated hereunder.6. there is no question in this case that the subject-matter of the arbitration is a contract between the union of india on the one hand and the contractor on the other. the contract, however, has been entered into in the name of the president of india as provided in the constitution ..... contractor was paid for the goods at a rate lower than what is provided in the contract the contractor claimed that it was entitled to more. this was disputed. the dispute was referred to arbitration under the arbitration clause in the .....

Tag this Judgment!

Jun 20 1963 (HC)

Bharat Handicrafts (Private) Ltd. Vs. Standard Brands Ltd.

Court : Kolkata

Decided on : Jun-20-1963

Reported in : AIR1965Cal489

..... eventually will be shipped or that the goods are intended for export the emphasis on the contract as counsel for the petitioner rightly stressed is lost sight of and the fallacy is committed by shifting the emphasis on goods or the purpose for ..... . in my opinion, all the contentions on behalf of the petitioner are sound and correct.15. the most important consideration is that the contract meaning the particular contract sued upon has to be entered into for export of goods from india. if the argument of the respondent is accepted that the goods ..... in paragraph 6(g) of the affidavit of saligram jhajharia affirmed on june 10, 1963 that the respondent on the same day entered into a contract with one buriap sales corporation, new york, by which the respondent agreed to sell to the burlap sales corporation 700 bales of hessian and/or burlap ..... words 'for shipment'' occurring in term no. 14 and it was contended that this clause again shows that the goods were for shipment and the contract was for export:7. counsel for the respondent next contended that the surrounding circumstances would have to be looked into in order to ascertain the true ..... by the bengal chamber of commercein case no. 295 of 1962 and for an order that theaward be declared null and void. the petitionerentered into a contract with the respondent on orabout january 30, 1962. a true copy of thecontract is annexed to the affidavit affirmed bysaligram jhajharia on june 10, 1963. .....

Tag this Judgment!

Apr 05 1963 (HC)

Commissioner of Income Tax Vs. Jogendra Nath Naskar and anr.

Court : Kolkata

Decided on : Apr-05-1963

Reported in : AIR1965Cal570

p.b. mukharji, j. 1. gods in india are criticised as tax-dodgers because they are for the first time claiming immunity from income-tax in this reference. to soften this heresy the real culprits are said to be their human viceregents, the shebaits.2. hindu law of religious endowments, de-buttar, theology, metaphysics, the 'shastras', the vedas, the upanishads have all mixed inextricably with the income-tax act to produce this reference at the instance of the commissioner of income-tax, calcutta under section 66(1) of the act raising a fundamental question of large and far-reaching public interest, namely:'whether on the facts and in the circumstances of the case, the assessments on the deities through the shebaits under the provisions of section 41 of the indian income-tax act were in accordance with law?' 3. numerous decisions, 'shastras' and text books have been cited at the bar for and against this contention. strangely enough no reported case seems to have directly decided the points raised and asked on this reference, although there are many incidental observations on these and cognate points, all of which are not easily reconcilable. before noticing the varieties of these decisions and authorities and trying to plumb the depth of the complexity of the problem it will be desirable to have first the facts which give rise to this question.4. the tribunal consolidated 5 appeals in this connection us they all raise the identical issue. they are in respect of the assessment of .....

Tag this Judgment!


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