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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1964 Page 1 of about 33 results (0.016 seconds)

Feb 13 1964 (HC)

Shalagram Jhajharia Vs. National Co. Ltd. and ors.

Court : Kolkata

Decided on : Feb-13-1964

Reported in : [1965]35CompCas706(Cal),69CWN369

..... words b.m.t. was not free to make such profits as it could by entering into contracts with parties in america. by clause (10) of the agreement national was to give indemnity in respect of all claims for defective quality, shortage of material, etc., made by b.m.t ..... myself unable to accept this argument. the words of the statute are quite clear in that it prohibits the directors from entering into a contract with a sole selling agent without being obliged to bring the matter of the appointment before the company at the first general meeting thereafter. ..... claims for defective quality, shortage of material, or wrong specifications arising between b.m.t. and their customers in reference to the fulfilment of contracts entered for the delivery of products of national covered by this agreement, which cannot be settled by amicable means, shall be settled by arbitration under ..... the arrangement with b.m.t. commodity corporation would stand terminated by mutual agreement and delca international corporation would take up all outstanding forward contracts entered into between the company and b.m.t. commodity corporation. as in the case of resolution no. 7 the shareholders were given ..... of their agreement entered into with your company by mutual consent. further, delca international corporation have agreed to take over all the outstanding forward contracts entered into between b.m.t. commodity corporation and the company. the terms fixing the selling price are reasonable and are being allowed by .....

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Jan 10 1964 (HC)

Snow White Food Product Pvt. Ltd. Vs. Sohanlal Bagla and ors.

Court : Kolkata

Decided on : Jan-10-1964

Reported in : AIR1964Cal209

..... (1856) 25 lj qb 102 supra where lord campbell, c. j. says:'they (the warehousemen, the assured) will be entitled to keep for their own indemnity (not provided for in the policy in hand) 35 much as will cover their interest in the goods, and they will be trustees for the residue of ..... the insurance the transport company goes in for with the insurance company is not on account of snow white. it is on account of itself. it contracts for itself, and nobody else, as a common carrier limiting its liability for an amount representing its liability to the owner, snow white, and ..... a).32. again, in both these cases, the plaintiffs are the assured between whom and the insurance companies sued against there is a privity of contract. what is upheld is 'the right of the assured to recover the whole value from the insurers,' the apportionment of what is recovered so being left ..... the voyage 'from anywhere in india to anywhere in india', 'all claims for average must be accompanied by' a certain certificate. this, then, is the contract of insurance effective for a year: january 14, 1960, to january 14, 1931, 'subject to conditions and clauses' specifications of which attach to and form part ..... received and accepted' the two consignments 'for reward' with a view to reaching them to their destination and to snow white too, as desired. the contracts of carriage are evidensed by two consignment notes: one bearing the number a 1202 for despatch to raiganj, and another bearing the number a 1203 for despatch .....

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May 15 1964 (HC)

In Re: Standard General Assurance Co. Ltd.

Court : Kolkata

Decided on : May-15-1964

Reported in : AIR1965Cal16

..... under the indian companies act, 1913. the objects of the company, inter alia, were as follows:to carry on all kinds of insurance, guarantee and indemnity business. the insurance business was to include life assurance, fire insurance, marine and aerial insurance, transit insurance, accident insurance and other varieties of insurance business, ..... is required to keep sufficient funds in its hands to meet every claim in respect of which a contract of insurance has been entered into.35. so far as the applicant is concerned it has ceased to carry on any insurance business from may ..... from an inherent fallacy. general insurance business is carried on on the basis of actuarial calculations. and when an insurer enters into a general insurance contract, he proceeds on the basis of being called upon to meet a certain percentage of risks which would mature into a claim. no general insurer ..... my opinion, the contentions of mr. ghose are sound. it has not been alleged by mr. sen's client that there was anything in the contract of tenancy, from which he derived the right to come and object and the alterations now sought for by the applicant are not prohibited by any ..... for whatever purposes he liked, provided they were not illegal, immoral, and did not create a nuisance. further mr. ghose submitted that in a contract for lease of property to be used for business purposes, the tenant was entitled to a lease under which he could carry on any business, subject .....

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Jun 12 1964 (HC)

Surjit Singh Atwal Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jun-12-1964

Reported in : AIR1965Cal191

..... the approval of the superintending engineer and on that basis the executive engineer directed the preparation of the contractor's bill for works done under the contract. two material witnesses mr. ramen roy and mr. bhattacharyya, executive engineer, who could throw light as to what happened, have not been called by ..... the wording of the agreement in paragraph 5 of the agreement may not be accurate and the evidence of the plaintiff is clearly erroneous. the contract including the schedule as also the bill ccii consolidated on which the instant claim is founded--both of these documents are in evidence. comparing the ..... questions of law raised, which appear to be substantial. the first question of law raised is the question of jurisdiction. the subject matter of the contract out of which the claim arises is the construction of hard runway, taxi tracks and dispersal road all situate outside the jurisdiction of this court. ..... introduced in the plaint by an amendment effected in december, 1955. the case made in paragraph 1 of the amended plaint is that the formal contract in the instant case was subject to the terms contained in a contemporaneous letter dated 28/29th february 1944. the original case in the plaint to ..... c. p. w. d., for construction of a hard-runway, taxi tracks and three dispersal roads. as is usual in the case of government contracts there was an invitation to tender pursuant to which the plaintiff submitted a tender. this tender of the plaintiff was not accepted. it is the .....

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Feb 28 1964 (HC)

Partabmull Rameshwar Vs. Fulchand Kanahiyalal and Co.

Court : Kolkata

Decided on : Feb-28-1964

Reported in : AIR1964Cal452,68CWN586

..... of appeal presided over by chakravartti, c. j.--meghraj sampatlall v. raghunath and sons, : air1955cal278 . in that case, there was a reference to arbitration under an arbitration clause in a contract for the sale and purchase of hessian cloth. it was inter alia contended that a reference to arbitration was invalid inasmuch as the respondent's firm was not a registered ..... the respondent entered into a transaction for the sale and purchase of linseed oil. there was an arbitration clause providing for the reference to arbitration of any dispute regarding the contract, to the bengal chamber of commerce, calcutta. there was a dispute between the parties and the respondent referred the dispute to the arbitration of the bengal chamber of commerce, which ..... the facts were almost identical -- shree bajrang jute mills ltd. v. fulchand kanhaiyalal, : air1963cal140 , i held the view that after a decision under section 33 rejecting a challenge to the contract and to the arbitration agreement, a suit could no longer be allowed to proceed on identical grounds or even on grounds which should have been taken and were not taken ..... as to the existence and validity of the said arbitration agreement and for incidental reliefs. in the said application, it was said by the respondents inter alia that the purported contract between the parties was illegal, void and inoperative and as such the arbitration clause contained therein was also illegal, void and inoperative. on the 14th september, 1961, g.k. mitter .....

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Dec 09 1964 (HC)

Jeewanlal (1929) Ltd. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Dec-09-1964

Reported in : [1965]16STC478(Cal)

..... by the purchasers until the said ships have passed the official trial trip in genoa, have been approved in genoa by the italian emigration authorities, and all conditions of the contract have been fulfilled.' there were other conditions about payment and the appointment of an expert to superintend the construction of the vessel and the machinery. after several instalments have been ..... respect of railway wagons which were admittedly required for purposes elsewhere. the facts in that case are distinguishable from the facts of the present case. upon an interpretation of the contract itself, taken with the conduct of the parties in implementing it, i have no doubt that the words 'for onward despatch to consignee' had nothing to do with the petitioner ..... outside west bengal. actually, this is the main contention put forward in this case. mr. banerjee has argued that although the goods were delivered to an address in calcutta, the contract contemplated that they would be forwarded to kanpur which is outside this state. he says that unless the 'consignee' at kanpur gave a certificate, the petitioner was not entitled to ..... and disposals. the tenders were made to the director of supplies and disposals, ministry of works, housing and supply at 6, esplanade east, calcutta. the tenders having been accepted, a contract came into existence. the following particulars in the schedule to the acceptance of the tender are important and are set out below:--i. name and address of ... m/s. jeewanlal .....

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Aug 06 1964 (HC)

Jitendra Nath Roy Vs. Sm. Maheswari Bose

Court : Kolkata

Decided on : Aug-06-1964

Reported in : AIR1965Cal45

..... have been produced by the assignee of the plaintiff whereby the purchase could have been completed. there is no dispute that the benefit of a contract of the type before us could be transferred and the agreement for sale in this case expressly provided that the word, 'purchaser' would include ..... the further question as to whether the purchaser was ready and willing to perform the agreement need hardly be considered. circumstances which justify termination of contract by one party cannot be compatible with readiness and willingness on the part of the other to perform it. it was pointed out by the ..... the main purpose of the parties, and it will enjoin specific performance notwithstanding that from the point of view of a court of law the contract has not been literally performed by the plaintiff as regards the time limit specified. this is merely an illustration of the general principle of ..... a reasonable time a court of equity will indeed relieve against and enforce specific performance notwithstanding a failure to keep the dates assigned by the contract either for completion or for the steps towards completion if it can do justice, between the parties, and if there is nothing in the express ..... to the objects of the rule and the circumstances of the case'. according to benjamin on sale 8th edition page 695--'generally the construction of the contract may show that 'forthwith' means no more than without delay or loss of time, it being a less strict term than immediately.' in gulraj shroff .....

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May 27 1964 (HC)

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

Court : Kolkata

Decided on : May-27-1964

Reported in : AIR1965Cal252

..... right to claim damage, his dependants or beneficiaries under the act cannot claim it following this principle, with which we agree, we are satisfied that the condition in the contract exempting liability is not hit by the fatal accidents act and cannot be invalidated thereunder. 50. the learned trial judge appears to apply the principles of warsaw convention embodied in ..... division bench decision is a clear authority for the proposition that the present appellant indian airlines corporation is a common carrier and that the relationship between the parties to the contract of carriage is to be governed by common law of england governing the rights and liabilities of such common carriers. this division bench decision proceeds to lay down that ..... 1865'. 24. finally, therefore, lord macnaghten observed at p. 131 of the report as follows: 'these considerations lead their lordships to the conclusion that the act of 1872, (indian contract act) was not intended to deal with the law relating to common carriers, and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers ..... agreement was not bad on the ground of unreasonableness; (b) this exemption clause cannot deprive the heirs and legal representatives of the deceased because they did not enter into this contract and, therefore, such an exemption clause would be unavailing under the fatal accident act under which the present suit for damages has been brought; (c) this exemption clause is .....

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Mar 20 1964 (HC)

Saral Kumar Chatterjee Vs. Madhusudan Auddy and anr.

Court : Kolkata

Decided on : Mar-20-1964

Reported in : AIR1964Cal556

..... title of the property.34. counsel for the plaintiff contended that actual tender of the purchase price is not necessary when the defendant has repudiated his contract because tender would have been a useless formality. he relied on the supreme court decision in international contractors ltd. v. prasanta kumar sur, : ..... kashinath thus it appears that the plaintiff must prove continuous readiness and willingness to perform his part of the agreement from the date of the contract to the date of the hearing before he can succeed in this action'. it cannot be controverted that the onus is bn the plaintiff. ..... filed this suit on june 10, 1954 for specific performance of the agreement for sale.29. question is has the plaintiff performedhis part of the contract; and whether readinessand willingness of the plaintiff, have been established?30. under the first clause of the agreement for sale the purchaser agreed to ..... defendants are on the same line as that of kashinath and they have also denied that the plaintiff is entitled to specific performance of the purported contract.3a. the defendant kuntalmala dey, in her written statement, has adopted the written statement of kashinath auddy, deceased.4. in view of the ..... failure on the vendor's part and notwithstanding the right of the purchaser as aforesaid the purchaser would also be at liberty to get the contract specifically performed...... and deduct all costs of and incidental thereto out of the purchaser's money.2. it is stated that the defendant .....

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Mar 04 1964 (HC)

Managing Director, Assansol Electric Co. Ltd. Vs. Assansol Municipalit ...

Court : Kolkata

Decided on : Mar-04-1964

Reported in : AIR1964Cal539

..... case 'hat under clause 118 of the articles, the managing director 's entitled to additional remuneration and the inability of the company to get the contract, affected his additional re-muneration and thus the managing director had a cause of action. the petition, however, nowhere mentioned this cause of action and ..... it has been infringed by the contesting respondents.'5. it was held that the petitioner, namely, the calcutta gas co. (proprietary) ltd. had a contract with the oriental gas co. and the impugned act took away that right. therefore, it had a right to maintain the application. in my opinion, ..... the municipal pumping station. the result has been that the asansol electric supply co. ltd., has been foiled in its attempt to get the contract for supply of electricity to the municipal pumping station, and has made this application. the prayer in the petition is for the issue of a ..... rates and the terms and conditions were not acceptable to the municipality which asked for a modification of the same. there was never a concluded contract between the said company and the asansol municipality for supply of power to its pumping station. the board contacted the dishergarh power supply co. ltd ..... act, 1932 and the respondent no. 1 shri a. k. das gupta has been appointed as its administrator. the asansol municipality entered into a contract with the indian iron and steel co. ltd., for supply of electrical energy to the municipal water pumping station situated on the bank of the damodar .....

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