Court : Kolkata
Decided on : May-14-1965
Reported in : AIR1966Cal259
..... document was executed in the instance case in conformity with the provisions of the constitution in that view of the matter, i am unable to hold that the instance contract was a contract by correspondence in the view that i have taken, the principle relied on by mr roy chaudhury and the authorities cited in support have no application to the instant ..... a binding contract cannot take place unless the formal document is executed as prescribed in the constitution, yet, if it is provided in the general conditions that earnest or security deposit must be ..... case which contains the following recital :--' and whereas the contractor has deposited with the railway administration by way of security deposit for the due fulfilment of/ the terms of this contract the sum of rs. 4,375 repayable as hereinafter provided receipt whereof by the railway administration is hereby acknowledged . . 'the argument is that though technically it can be said that ..... tenderer/tenderers shall be required to execute an agreement with the president of india, acting through.. ..... of the railway, for carrying out the work according to the general conditions of contract and specification for works and materials as given in parts 3 and 4 of the schedule of rates of the south-eastern railway. 'in compliance with this clause, the plaintiff .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-1965
Reported in : 61ITR154(Cal)
..... the purchase from the mill was effected by written constructs in printed forms. these contracts were entered into by brokers acting for the assessee who sent him bought-notes setting out the terms upon which the purchases had been effected from the mills. delivery was ..... course of trade or business for cash or for deferred payment or other valuable consideration and included also a transfer of property in goods involved in the execution of works contract, but did not include a mortgage, hypothecation, charge or pleadge'. the assessee dealt in gunny bags manufactured in two mills situated in chittivalsa and nellimerla in visakhapatnam district. ..... and that the ascertainment only takes place when the goods are appropriated to the pucca delivery orders at the time of actual delivery.'in this case so far as the contracts are concerned, they took place in september, october and november while the goods were deliverable in the following april. consequently, neither the assessee nor kedarnath hariram was called ..... source other than business consisting of speculative transactions. under explanation 2 of section 24(1) of the income-tax act 'a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares in periodically or ultimately settled overwise than by the actual delivery or transfer of the commodity of scrips.'the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-17-1965
Reported in : AIR1967Cal262,(1968)IILLJ210Cal
..... . we have held in that case that section 175(3) of the act of 1935 and article 299 of the constitution would be attracted to contracts of service where the president or the governor makes the appointment but not in cases where appointments are made by appointing authorities prescribed by the president or ..... . but even if the government has by contract or under the rules the right to terminate the employment without going through the procedure prescribed for inflicting the punishment of dismissal or removal or reduction in ..... held in the same case at page 49 of the above report: 'in short if the termination of service is founded on the right flowing from contract or the service rules then prima facie the termination is not a punishment and carries with it no evil consequences and so article 311 is not attracted ..... concerned, it was urged on behalf of the respondent that the court was wrong in holding that article 299 of the constitution is not attracted to service contracts.13. it appears from exhibit a (d. d. no 17 at page 49 of the paper book) which is a letter dated march 22, 1943 ..... stated that the plaintiff is not entitled in know the grounds of termination of his service. 6. the defendant further denied the existence of any binding contract with the plaintiff so far as his service under government was concerned and denied that be was entitled to any of the reliefs sought for. 7. .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-16-1965
Reported in : AIR1966Cal84
..... . there can be no doubt whatsoever as to which 'neptune navigation' was intended to be sued. it was the 'neptune navigation' which entered into the contract for carriage of goods, which issued a bill of lading in respect of which there was a protection note and open insurance policy. it was the 'neptune ..... persons carrying on business under the name ana style of neptune navigation at no. 133, canning street, calcutta, which 'neptune navigation' had entered into a contract of carriage, had issued a bill of lading in respect of which a protection note and open insurance policy were issued. in 1948-2 all er 482. ..... amply proved on the facts that the plaintiffs intended to sue, and did sue, the firm. such afirm actually existed. the mistake was that the contract was with the company which was a distinct legal entity and it had not been sued at all. the company entered appearance and filed a written statement ..... messrs. m.b. sirkar and sons as a partnership firm. there was in existence a registered partnership firm of that name at the relevant time. the contract, however, appears to have been entered into with messrs. m.b, sirkar and sons which had also been incorporated as a limited company, but with a ..... sue? obviously, it was the 'neptune navigation' which was carrying on business at the relevant time at no. 133, canning street, which had accepted the contract of carriage, which had issued a bill of lading no. gav/c/1393/60 elated april 9, 1960 and which had carried the goods in respect of .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-29-1965
Reported in : AIR1967Cal205,71CWN458
..... so obvious and necessary a thing should be a term of the contract--for which and because of which (six to eight months' delay) they had provided in agreed point no. 6 what would happen if the requisite ..... thought about the matter, or because if either babulall or caltex had spent some thought on the matter, neither of them would have made the contract unless this term was included. i imply the term, because both babulall and caltex had thought about it, because both of them had intended that ..... at the factory at sully, within the district of cardiff registry, under the defendant company (which had its principal and registered office in piccadilly, london) contracted dermatitis and issued a writ against the company in the cardiff district registry. the question arose if, within the meaning of order 12, rule 4 of ..... just as caltex are) to comply with any of the foregoing provisions of this part (section 592 et seq.) shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in respect thereof. so, caltex, only because they are incorporated in ..... name and address in germany and under the defendants' name appeared that of blasius as their sole agent in the united kingdom. more, on the contract form appeared a telegraphic address and a telephone number purporting to be those of the defendants. so any one desiring to communicate by telegraph or .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-14-1965
Reported in : AIR1965Cal446
..... director, but the tenor of the letter and the use of the word 'we' clearly indicate that defendant chandak was only signing this letter of contract in his capacity as a director of the corporation and no more. therefore, the learned trial judge rightly came to the conclusion that the suit against ..... not en-tering into a separate contract for payment with him for the very same work the plaintiff was expected to do and for performing it in the name of the plaintiff along ..... he did it through an agent ajay mitra and that the promisee in this ease, namely, the petitioners did not put an end to the contract either orally or in writing but on the other hand signified their consent and acquiescence by their conduct in accepting ajay mitra's performance and in ..... as a friend.10. the trial court found these facts. the full bench admitted those facts but drew the inference that the plaintiff had performed his contract with the petitioners although not personally but through an agent like ajay mitra, but then that method of performance by an agent was accepted by the ..... sum ofrs. 2,000 according to certain terms. the defence of the petitioners in the small cause court was that the plaintiff failed to perform that contract and the contact had to be perforated otherwise by other persons. the teamed trial judge dismissed the suit and accepted the defence. on an application .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-28-1965
Reported in : AIR1966Cal512,70CWN520
..... do not refer to the english cases, which were cited to us during the argument, and i decide this case having regard to the language of section 239 of the contract act.' governing myself by these observations, i say: here is section 397, a positive enactment of our parliament. and i proceed to examine the language of this section, uninfluenced by ..... the company. by their votes as holders of a majority of the shares they passed a resolution at a general meeting declaring that the company had no interest in the contract. allowing the appeal of the minority shareholders the judicial committee observed (page 564) (of ac): (at p. 166 of air) 'even supposing it be not, ultra vires of a company ..... company, is that of cook v. deeks, (1916) 1 ac 554: (air 1916 pc 161). in this case three directors of a company carrying on business as contractors obtained a contract in their own names to the exclusion of the company in circumstances which amounted to a breach of trust on their part and constituted them trustees of its benefits on .....Tag this Judgment!
Court : Kolkata
Decided on : May-05-1965
Reported in : AIR1966Cal134,69CWN815
..... indian law is concerned, the mere condition that for the purchase of goods, consideration should be paid, does not make the benefit under a contract non-assignable.17. the next point taken is that there is no mode of attachment specified in the civil procedure code or in the forms prescribed thereunder ..... of all three, and involves the release of the original debtor....on the other hand, it is equally clear that the benefit of a contract can be assigned, and wherever the consideration has been executed, and nothing more remains but to enforce the obligation against the party who has ..... the option to purchase the shares and the right to purchase the shares for an agreed consideration, is a right to property under a completed contract, being property which is both transferable and assignable. it is attachable under the provisions of the code of civil procedure. one of the arguments ..... which the option was to be exercised and the price which was to be paid for the property were specified.there was consideration for the contract because venkatapathi, by the sale of 27th january 1891, obtained possession of the property and venkata subrahmanya received rupees 10,000 besides acquiring the ..... instituted a suit. the question that arose for determination was as to whether the original conveyance, read with the counterpart document constituted a completed contract or only a standing offer by the transferee, the benefit of which could not be assigned to a stranger such as the plaintiff, until the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-04-1965
Reported in : AIR1966Cal205
..... court dismissed a defendant's application for leave to appeal to the supreme court against a decree by the high court granting specific performance of a contract for sale of property upsetting the dismissal of the suit by the trial court. there was a dispute with regard to the value of the ..... possession was not different from the cause of action for the specific performance of the contract itself. considering all the authorities cited the learned chief justice was of opinion that the case fell under section 7(x)(a) of the court fees ..... the prayer for possession making no difference. as the defendant second party was claiming under the defendants first party by a title arising subsequent to the contract of sale in favour of the plaintiff he stood in the same position as the defendants first party. further the cause of action for delivery of ..... vacate.in kashiprasad v. baiju paswan : air1953pat24 , there was a question with regard to the valuation of a suit for specific performance of a contract of sale of certain lands and for possession thereof under the court fees act as also under section 8 of the suits valuation act for the purpose ..... object of the suit is to resolve the dispute between the parties. the aim of the plaintiff in a suit for specific performance of a contract to purchase immovable property is to compel the defendant to honour his bargain and to convey the property. clearly what the plaintiff is after is .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-08-1965
Reported in : AIR1966Cal461
..... place and stead. the petitioner is a firm of contractors who did certain works for the south eastern railway under a contract. the contract contains an arbitration clause being clause no. 34 whereby the dispute between the parties under the contract shall be referred to the arbitration of such railway officer retired or in service as shall be nominated to be the arbitrator .....Tag this Judgment!