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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1966 Page 1 of about 39 results (0.014 seconds)

Jan 14 1966 (HC)

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

Court : Kolkata

Decided on : Jan-14-1966

Reported in : AIR1967Cal47

..... by force of the express assignment of the bank's claim.'6. in pariyamianna marakkayar & sons v. banians and co. : air1926mad544 it was observed that:'so far as the contract of indemnity is concerned, by which a person agrees to indemnify another against loss caused by the conduct of a third person and which does not require the consent of, or privity ..... under 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 ..... referred to the dictum of lord cairns in simpson v. thomson, (1877) 3 ac 279 that:'where one person has got to indemnify another, he will, on making good the indemnity, be entitled to succeed to all the ways and means by which the person indemnified might have protected himself against or reimbursed himself for the loss.'7. these decisions are .....

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Apr 01 1966 (HC)

Badridas Kothari Vs. Meghraj Kothari

Court : Kolkata

Decided on : Apr-01-1966

Reported in : AIR1967Cal25

..... is necessary in the facts of this case to remember is that this is not a case of a collateral or a substituted contract or a partnership agreement or a contract between principal and agent relating to agency or indemnity between them. here the tacts are simply this that two persona entered into fatka or wagering transactions in shares and one became indebted ..... , in our view, a collateral contract in the sense understood in this branch of the law. we shall presently state why we do not consider the promissory note ..... on these facts came to the conclusion that the suit was really not one to enforce any contract relating to purchase or sale of bullion which came within the prohibition of the notification. the supreme court held that it was suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions ..... and is a matier which is entirely collateral to a forward contract of purchase and sale of bullion which the notification aims at prohibiting.'in the present case before us not only it is not a case of principal and agent, not only it is not a case of right to indemnity as between principal and agent but it is also not .....

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Apr 22 1966 (HC)

Major B.A.S. Chopra Vs. the New Zealand Insurance Co. Ltd.

Court : Kolkata

Decided on : Apr-22-1966

Reported in : AIR1967Cal35

..... also pleaded that the plaintiff was not entitled to any sum under the policy far less any interest thereon. alternatively, it was pleaded that the indemnity claimed was excessive.4. on the pleadings, the following issues were raised:'issues1. did the plaintiff make a false or fraudulent declaration in the proposal ..... , by which the truth of the answers to the proposal form is made the basis of or condition precedent to the liability of insurers under the contract. the proposal form, in the instant case (ex. c) also contains similar warranties as appears from the declaration subscribed by the plaintiff on the ..... be complied with--if immaterial, that immateriality may be inquired into and shown; but that if there is a warranty it is part of the contract that the matter is such as it is represented to be. therefore the materiality or immateriality signifies nothing.''the more serious proposition arose on the ..... that the question was put in a sense different from or more comprehensive than the proponent's answer covered. where an ambiguity exists, the contract must stand if an answer has been made to the question on a fair and reasonable construction of that question. otherwisethe ambiguity would be a ..... in every respect and that there was an express declaration to the effect that the proposal and the declaration shall be the basis of the contract of insurance. as such, the incorrect and untrue answers as to the cash purchase price of the automobile and its estimated value entitled the .....

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Jun 24 1966 (HC)

Shalimar Paints Ltd. Vs. Omprokash Singhania

Court : Kolkata

Decided on : Jun-24-1966

Reported in : AIR1967Cal372

..... between the parties would be referred to the sole arbitration of a person nominated by the ministry of the government of india administratively dealing with the contract at the time of such nomination. on the 9th july, 1960 union of india gave notice to the respondent that the godowns would be vacatedon ..... provisions and effect of an arbitration agreement in every case by introducing in the plaint an alternative case under sections 65 and 70 of the indian contract act.9. mr. bachawat has next contended that the discretionary power conferred under section 34 of the arbitration act should not be exercised in this ..... moran and co., : [1955]1scr862 bachawat, j. decided the issue on the application and held on a construction of the arbitration clause in the contract that the disputes in the suit were covered by the arbitration clause which was valid and subsisting. it is also to be noted that the language of ..... of the terms, namely, the terms as to price of the materials mentioned in the indent. there is, therefore, no question of adding a fresh contract in addition to or in substitution for the old. the dispute with regard to the price if there be any, in respect of materials alleged to ..... no such case has been made in the affidavit-in-opposition, the correspondence and the conduct of the parties clearly establish that there was a valid contract between the parties on the basis of the said indent. it is to be noted that in paragraph 3 of the petition, the petitioner specifically .....

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Aug 17 1966 (HC)

State of West Bengal Vs. Indian Steel and Wire Products Ltd. and anr.

Court : Kolkata

Decided on : Aug-17-1966

Reported in : [1967]19STC319(Cal)

..... of business as will not override the conditions laid down by the controller. the works order issued by the producer forms the basis of the contract between the producer and the purchaser. the prices have to be subject to the maximum limit imposed but within that limit the producer can ..... composing the majority thatthe transactions of despatches of sugar by the assessees pursuant to the directions of the controller were not the result of any contract of sale. it is common ground that the province of madras intimated its requirements of sugar to the controller, and the controller called upon ..... necessary that there should be an agreement between the parties for the purpose of transferring title to goods, which of course pre-supposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. unless ..... 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.' entry 48 in list ii of the seventh schedule to the government of india act ..... to include and subject to the company's terms of business, general understanding and general stipulations in force at the time of conclusion of the contract.11. the next document is a letter addressed by messrs martin burn ltd. to the iron and steel controller dated 25th july, 1949, requesting .....

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Feb 18 1966 (HC)

Teamco Private Ltd. Vs. T.M.S. Mani

Court : Kolkata

Decided on : Feb-18-1966

Reported in : AIR1967Cal168

..... of the parties to enter into any valid arbitration agreement. in the words of viscount maugham quoted earlier.'it is impossible to hold that the contracting parties had the same intention; in other words, the consensus ad idem would be a matter of mere conjecture'.the arbitration clause in the agreement ..... implications, fail to evince any definite meaning on which the court can safely act, the court has no choice but to say that there is no contract'.these observations of lord wright have been quoted with approval by the supreme court in the case of keshavlal lallubhai patel v. lalbhai trikumlal mills ltd ..... court is to do justice between the parties, and the court will do its best, if satisfied that there was an ascertainable and determinate intention to contract, to give effect to that intention, looking at substance and not at mere form ...... but the test ofintention is to be found in the words ..... be determined with a reasonable degree of certainty. it is plain that unless this can be done, it would be impossible to hold that the contracting parties had the same intention; in other words, the consensus ad idem would be a matter of mere conjecture.'in the same case lord ..... lj 136, s. b. sinha, j. observes at p. 143 'arbitration agreements should be strictly construed. clear language should be introduced into any contract which is to have the effect of ousting the jurisdiction of the courts and compelling the parties to have recourse to arbitration for decision of disputes'.it will .....

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Apr 25 1966 (HC)

Commissioner of Income-tax Vs. Ram Chandra Gupta and Co., Calcutta

Court : Kolkata

Decided on : Apr-25-1966

Reported in : AIR1968Cal385,72CWN274,[1968]69ITR254(Cal)

..... and sale of commodity was periordically or ultimately settled otherwise than by actual delivery of transfer. in other words, the basic ingredients of speculative transactions are first, that the contracts are to be periodically or ultimately settled and secondly, the settlement would be otherwise than by actual delivery or transfer of commodity. in the present case there is no ..... jute goods involving the actual delivery of possession. emphasis was placed on the words 'involving actual delivery' to indicate that the word involving in so far as intermediate contracts were concerned saved transactions because in the ultimate result there was actual delivery and contras1 was made by counsel for the revenue with the provisions of explanation 2 to ..... goods. in the present case the finding is that the assessee is an intermediary and intermediaries actually effect delivery by transferring delivery orders and further that in the chain contracts to which the intermediaries are parties the shipper or the exporter obtains goods from the manufacturer. these facts establish that delivery orders in the facts of the present case ..... of the fact that the manufacturers of the jute goods do not normally come into contact with the shippers, namely, the exporters. it is only through chain of contracting parties for the jute goods from the manufacturers that the shipper obtains goods from the manufacturer. the intermediaries actually affect delivery by transferring the delivery orders and the assessee .....

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Apr 25 1966 (HC)

S.K. Roy Vs. Addl. Member, Board of Revenue

Court : Kolkata

Decided on : Apr-25-1966

Reported in : AIR1967Cal338,[1966]18STC379(Cal)

..... [1966]2scr190 , also demonstrates that for the application of the principle of 'occasioning the movement' , a direct contract between the seller and the purchaser is not necessary 37. of course, it the instant case was a simple case of purchase by a private exporter ..... that a transaction cannot be one in the course of export'. it may still be held to be such transaction provided it is established that the contract between the seller and a third party 'occasions' the export. the recent decision in singarenni collieries v. state of andhra pradesh and others, : ..... assessee (if it was a purchase) was thus a part of an arrangement for exporting the goods outside the territory of india and the contract was completed by the assessee by delivering the goods to shipping agents for being loaded into ships outside the customs barrier. in such a case ..... and in state trading corporation v. state of mysore, : [1963]3scr792 , it was expressed as a movement resulting from a 'covenant' or 'incident' of the contract of sale. 29. another judgment of the court per venkatarama ayyar j., is east india tobacco 60. v. state of andhra pradesh, : [1963]1scr404 where his ..... 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.' 15. the definition 'sale' in section 2(g) of the bihar sales tax act, .....

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Sep 12 1966 (HC)

Harendra Nath Chatterjee Vs. Sailendra Krishna Saha and ors.

Court : Kolkata

Decided on : Sep-12-1966

Reported in : AIR1967Cal185

..... analysed by me in paragraph 5 ante. be it remembered that the tenant was depositing rent with the controller. there is no time fixed by contract for payment of the rent. so, in absence of such contract, the rent has to be paid by fee fifteenth day of the month next following the month for which it is payable, as section 4 ..... from the requirement of section 4. section 4(2) provides for the payment of rent within the time fixed by contract, but section 17(1) requires the payment to be made by the15th of each succeeding month whatever may be the contract.' but it will not be right, in my judgment, to look only to these pronouncements, divorced from what goes before .....

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Aug 10 1966 (HC)

Binani Properties Private Ltd. Vs. M. Gulamali Abdul HossaIn and Co. a ...

Court : Kolkata

Decided on : Aug-10-1966

Reported in : AIR1967Cal390

..... . what the object of 'binani' is becomes a statement of an independent fact that is to say, a fact other than facts section 91 specifies : the terms of (i) a contract, (ii) a grant or (iii) any other disposition of property reduced to writing, by the parties voluntarily or by the requirement of law. that being so, explanation 3 to section ..... ' a properly company or not--evidence act (1872), section 91--'best evidence' rule--memorandum of association--non-production thereof--presumption--reception of oral evidence--no objection - - if waived.1. a contract, by a company, upon a matter not within the words of but foreign to, its charter is extra vires the directors, and not intra vires the company too, so much ..... , and has little to do with the lessee's contractual obligation, as evidenced by clause 2(h) of the lease, looks more ingenious than ingenuous. 'in the absence of a contract', the lessee must not, without the lessor's consent, erect on the property (here '81') any permanent structure. that is clause (p) of section 108. contractual obligations, therefore, come in ..... obtained on 3 feb. 38. surely 3 feb. 38 goes before 31 march 56 in time.' thus, no inconsistency is seen : what is seen instead is a term of the contract (1938 lease), creating the tenancy, so consistent with a provision of the act, to wit, section 13(1)(a). in terms of section 19(1), therefore, the tenant (the first .....

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